What is Copyright ACT of 1976?

Copyright Protection. Copyright Publication. Copyright Symbol.  February 6, 2013 – 04:15 pm

Publication and Copyright  

Copyright Publication. Copyright Information.

Copyright Publication. Copyright Information.

Does a work have to be published before it can receive copyright protection? The answer is not anymore, but prior to 1978 copyright protection was established, either by publishing the work and affixing the copyright notice symbol, or through registration.

So how do we define publication for the purpose of copyright protection?

According to the Copyright Act of 1976, “Publication” is defined in the following way:

“Publication” is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication.

After the passage of the 1976 Copyright Act, which went into effect on January 1, 1978, a work does not require publication in order to be protected, rather, it receives copyright protection as soon the work is fixed in a tangible medium of expression – paper, canvas, disk, hard drive, etc.

Source: Francine D. Ward, Attorney

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