[Copyright] Publication of a Play for purposes of a copyright application

Tue Jun 18 14:13:17 EDT 2024

As I recall, part of the idea behind the concept of "publication" is an
attempt to assess when copies of a work have moved outside the author's
control.

If I write a play and toss it in my bottom drawer, we'd say the work is
clearly unpublished.

If I write a play and give my mom a copy, and also give one copy each to
three actors so we can have a public read-through of the play, we'd
probably still say the work was unpublished (at least in part because I
could easily get my copies back from everybody if I asked).

But if I write a play, and we perform the play for an audience, and I make
copies of my play available for purchase in the lobby and 10 people I don't
know buy copies, then that sounds a lot more like publication.

Sincerely,

Ed Timberlake
*Board Certified Specialist in Trademark Law
<https://www.nclawspecialists.gov/for-the-public/find-a-board-certified-specialist/results/detail/?id=29473>*

*Timberlake Law* <http://timberlakelaw.com/>
Chapel Hill, NC

Schedule a call on Clarity <https://clarity.fm/edtimberlake>
ed at timberlakelaw.com
919.960.1950

On Tue, Jun 18, 2024 at 1:54 PM Nancy Prager via Copyright <
copyright at oppedahl-lists.com> wrote:

> Section 1908
>
> Examples of performances and displays that do not in themselves constitute
> publication include the following: .... Performing a play, a pantomime, or
> a choreographic work in a theater.
>
> Elsewhere they say distributing copies does not necessarily mean something
> has been published.
>
> Would love to find something definitive that supports your approach
> because it is the situation here... lots of people have copies of the
> play.
>
> On Tuesday, June 18, 2024 at 01:43:39 PM EDT, Jessica R. Friedman <
> jrfriedman at litproplaw.com> wrote:
>
>
> I still think they would be considered to be within the overall
> organization that is producing the play, even if they literally work for a
> different company, so I don’t think it would even be a limited publication.
>
>
>
> Does the Copyright Compendium have anything to say on this question?
>
>
>
> Jessica R. Friedman
>
> Attorney at Law
>
> 300 East 59 Street, Ste. 2406
>
> New York, NY 10022
>
> Phone: 212-220-0900
>
> Cell: 917-647-1884
>
> E-mail: *jrfriedman at litproplaw.com <jrfriedman at litproplaw.com>*
>
> URL: *www.literarypropertylaw.com <http://www.literarypropertylaw.com>*
>
>
>
> [image: 1479430908386_PastedImage]
>
>
>
>
>
> *From: *Copyright <copyright-bounces at oppedahl-lists.com> on behalf of
> Nancy Prager via Copyright <copyright at oppedahl-lists.com>
> *Date: *Tuesday, June 18, 2024 at 1:06 PM
> *To: *For copyright practitioners. This is not for laypersons to seek
> legal advice. <copyright at oppedahl-lists.com>, Elizabeth Russell <
> beth at erklaw.com>
> *Cc: *Nancy Prager <nancyprager at yahoo.com>
> *Subject: *Re: [Copyright] Publication of a Play for purposes of a
> copyright application
>
> Great question.  Distributing the copies to the talent and production
> personnel should count but it would likely be considered a distribution to
> a limited audience.  A publication is deemed “limited” where “copies of
> the work are distributed both (1) to a ‘definitely selected group,’ and (2)
> for a limited purpose, without *the right of further reproduction,
> distribution or sale.*” (emphasis added)Academy of Motion Picture Arts
> and Sciences v. Creative House Promotions, Inc., 944 F.2d 1446, 19
> U.S.P.Q.2d 1491 (9th Cir. 1991).
>
>
>
> § 7:3. Publication considerations, Copyright Registration Practice § 7:3
>
>
>
>
>
> On Tuesday, June 18, 2024 at 12:56:59 PM EDT, Elizabeth Russell <
> beth at erklaw.com> wrote:
>
>
>
>
>
> What about the distribution of printed scripts to production personnel?
> The rehearsal hall is at least a semi public place; the personnel are not a
> social circle; and the distribution is for “the purpose of” public
> performance.
>
>
>
>
>
> Elizabeth T Russell
>
> beth at erklaw.com
>
>
>
>
>
>
>
> *From:* Copyright <copyright-bounces at oppedahl-lists.com> *On Behalf Of *Nancy
> Prager via Copyright
> *Sent:* Tuesday, June 18, 2024 12:44 PM
> *To:* for Copyright Practitioners <copyright at oppedahl-lists.com>
> *Cc:* Nancy Prager <nancyprager at yahoo.com>
> *Subject:* [Copyright] Publication of a Play for purposes of a copyright
> application
>
>
>
> Dear colleagues....
>
> A client has a play in production.  The iniital performance date is not
> the date of publication since public performance is not considered
> publication.  So what is?
>
> Is a play considered unpublished until someone literally publishes the
> play (most likely through a licensing arrangement)?
>
>
> If not, what is considered publication of a play?
>
>
>
> I feel like I have dealt with this before and ended up advising the client
> to file as an unpublished work but that boggles my mind.
>
> Thanks in advance!
>
> best,
>
>
> Nancy
> --
> Copyright mailing list
> Copyright at oppedahl-lists.com
> http://oppedahl-lists.com/mailman/listinfo/copyright_oppedahl-lists.com
>
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