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Line 1: {{shortcut\|~~1=[[~~COM:PUB]]\|COM:PUBLISH\|COM:PUBLISHED}} [[File:~~Gutenberg~~The ~~press~~Caxton Celebration - William Caxton showing specimens of his printing to King Edward IV and his Queen.jpg\|thumb\|220px\|Printer working an early Gutenberg letter press from the 15th century. (engraving date unknown)]] The word '''publication''' means the act of publishing, i.e. distributing information to the public, and also refers to any copies printed ~~copies~~for public distribution. While specific use of the term may vary among countries, it is usually applied to text, images, or other audio-visual content on any traditional medium, including paper (newspapers, magazines, Mail-order catalogs, etc.). As an author of a work generally is the initial owner of the copyright on the work, one of the copyrights granted to the author of a work is the exclusive right to publish the work. "Publication" is a [[wikt:term of art\|technical term]] in legal contexts and especially important in copyright law. The time of initial publication of a work plays an important part in the copyright legislation of many countries, as it is often used as the starting point of copyright protection. Contrary to what one might think, in many countries, as in the U.S., U.K. and elsewhere, mere ''presentation, exhibition or performance of a work to the public'' does '''not''' by itself constitute publication. In some countries (primarily in Europe), when the work has not been published during the author's life (in EU: during the copyright term), whoever discovers and publishes it might gain rights similar to those of an author (called [[w:Publication right\|publication rights]]). ==Legal definition and copyright== ===United States=== In the [[United States]], publication is defined as: :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.<ref>The definition of publication was different before 1978. Only putting something in a public place, which could allow people to copy it, was necessary for publication. See [[Commons:Public_art_and_copyrights_in_the_US#Before_1978]].</ref> :To perform or display a work "publicly" means – ::(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or Line 16 ⟶ 18: Furthermore, the right to publish a work is an exclusive right of the copyright owner ([[:s:United States Code/Title 17/Chapter 1/Sections 105 and 106\|17 USC 106]]), and violating this right (e.g. by disseminating copies of the work without the copyright owner's consent) is a copyright infringement ([[:s:United States Code/Title 17/Chapter 5/Section 501\|17 USC 501(a)]]), and the copyright owner can demand (by suing in court) that e.g. copies distributed against his will be confiscated and destroyed ([[:s:United States Code/Title 17/Chapter 5/Sections 502 and 503\|17 USC 502, 17 USC 503]]). :See also [[Commons:Public art and copyrights in the US]] ===Berne and Universal Copyright Conventions=== Line 22 ⟶ 25: ===Other countries=== ====Australia and the UK==== Australia and the UK (as the U.S.) <!-- do not have this exception [what exception?] and --> generally require the distribution of copies necessary for publication. In the case of sculptures, the copies must be even three-dimensional.<ref name="au">[http://www.comlaw.gov.au/Details/C2012C00482/Html/Text#_Toc326326800 Australian Copyright Act, section 29: Publication]. URL last accessed 2012-08-29.</ref><ref ="uk">[http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_11.htm#mdiv175 Copyright, Designs and Patents Act 1988 (c. 48), section 175], Copyright law of the United Kingdom. URL last accessed 2012-08-29.</ref>▼ ====Canada==== ▲Australia and the UK (as the U.S.) do not have this exception and generally require the distribution of copies necessary for publication. In the case of sculptures, the copies must be even three-dimensional.<ref name="au">[http://www.comlaw.gov.au/Details/C2012C00482/Html/Text#_Toc326326800 Australian Copyright Act, section 29: Publication]. URL last accessed 2012-08-29.</ref><ref ="uk">[http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_11.htm#mdiv175 Copyright, Designs and Patents Act 1988 (c. 48), section 175], Copyright law of the United Kingdom. URL last accessed 2012-08-29.</ref> §2.2 of the ''Copyright Act'' defines publication as, in relation to works, making copies of a work available to the public, the construction of an architectural work, the incorporation of an artistic work into an architectural work; in relation to sound recordings, it is defined as making copies of a sound recording available to the public. "Publication" does not include the performance in public, or the communication to the public by telecommunication, of a literary, dramatic, musical or artistic work or a sound recording, or the exhibition in public of an artistic work. The issue of photographs and engravings of sculptures and architectural works is not deemed to be publication of those works.<ref name="Canada">[http://laws-lois.justice.gc.ca/eng/acts/C-42/page-2.html Canadian Copyright Act, §2.2], URL last accessed 2016-04-24.</ref> ====Germany==== Line 40 ⟶ 45: ====Russia==== ~~There~~Two ~~are~~distinct ~~two~~terms are ~~publications~~used in Russia, one named in article  1268 of the Civil Code (publication of a creative work — «обнародование»), and the other one named in article 3 of the Museum Law №  54-FZ (publication of a museum object — «публикация»).<ref name=zakon15-36>[http://www.museum.ru/Prof/mat/law/%C7%E0%EA%EE%ED%20%EE%20%EC%F3%E7%E5%FF%F5.htm Закон о музейном фонде Российской Федерации и музеях в Российской Федерации, статья 36]</ref> ==See also== [[Commons:Copyright]] [[Commons:Hirtle chart]], copyright terms in the USA based on date of publication. [[Commons:Public art and copyrights in the US]], installing works in a place open to the general public may be publication. [[Help:Public domain]] [[Commons:Electronic publishing]] ==References and notes== {{Reflist}} Line 54 ⟶ 59: {{Wiktionary\|publication}} [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=897643 RayMing Chang, Publication Does Not Really Mean Publication: The Need to Amend the Definition of Publication in the Copyright Act, 33 AM. INTELL. PROP. L. ASS'N Q.J. 225]: This article analyzes the definition of publication in the U.S. Copyright Act of 1976 and finds strong support for the proposition that electronic dissemination (e.g., "Internet publishing") of works does not result in publication under American copyright law. This article argues that the definition of publication needs to be amended to explicitly include electronic dissemination. *[https://chart.copyrightdata.com/ch01.html Condition of publication for motion pictures] [[Category:Commons licensing help\|Commons licensing help]]