Publication

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A printing press can be used for the printing of creative works for publication. PrintMus 038.jpg
A printing press can be used for the printing of creative works for publication.

To publish is to make content available to the general public. [1] [2] While specific use of the term may vary among countries, it is usually applied to text, images, or other audio-visual content, including paper (newspapers, magazines, catalogs, etc.). Publication means the act of publishing, and also any copies issued for public distribution.

Contents

Publication is a technical term in legal contexts and especially important in copyright legislation. 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.

Indonesia

In Indonesia, publication is defined as:

any reading, broadcasting, exhibition of works using any means, either electronically or nonelectronically, or performing in any way so that works can be read, heard, or seen by others.

Article 1, Law of the Republic of Indonesia Number 28 of 2014 [3]

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 people 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.

To perform or display a work "publicly" means

to perform or display it at a place open to the public or at any place where a substantial number of people outside a normal circle of a family and its social acquaintances is gathered; or to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

17 USC 101

The US Copyright Office provides further guidance in Circular 40, which states: [4]

When the work is reproduced in multiple copies, such as in reproductions of a painting or castings of a statue, the work is published when the reproductions are publicly distributed or offered to a group for further distribution or public display.

Generally, the right to publish a work is an exclusive right of copyright owner (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 (17 USC 501(a)), and the copyright owner can demand (by suing in court) that e.g. copies distributed against their will be confiscated and destroyed (17 USC 502, 17 USC 503). Exceptions and limitations are written into copyright law, however; for example, the exclusive rights of the copyright owner eventually expire, and even when in force, they do not extend to publications covered by fair use or certain types of uses by libraries and educational institutions.

The definition of "publication" as "distribution of copies to the general public with the consent of the author" is also supported by the Berne Convention, which makes mention of "copies" in article 3(3), where "published works" are defined. [1] In the Universal Copyright Convention, "publication" is defined in article VI as "the reproduction in tangible form and the general distribution to the public of copies of a work from which it can be read or otherwise visually perceived." [2] Many countries around the world follow this definition, although some make some exceptions for particular kinds of works. In Germany, §6 of the Urheberrechtsgesetz additionally considers works of the visual arts (such as sculptures) "published" if they have been made permanently accessible by the general public (i.e., erecting a sculpture on public grounds is publication in Germany). [5] 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. [6] [7]

Biological classification

In biological classification (taxonomy), the publication of the description of a taxon has to comply with some rules. The definition of the "publication" is defined in nomenclature codes. Traditionally there were the following rules:

Electronic publication with some restrictions is permitted for publication of scientific names of fungi since 1 January 2013. [8]

Types

Material types

There are many material types of publication, some of which are:

Electronic publishing

Modern computing and networking have revolutionized publishing. Moody Hall computer lab.jpg
Modern computing and networking have revolutionized publishing.
A server rack delivers data to online inquiries. Computer server rack.jpg
A server rack delivers data to online inquiries.

Electronic publishing (also referred to as e-publishing or digital publishing) includes the digital publication of websites, webpages, e-books, digital editions of periodical publications, and the development of digital libraries. It is now common to distribute books, magazines, and newspapers to consumers online. Publications may also be published on electronic media such as CD-ROMs.

Content types

Types of publication can also be distinguished by content, for example:

Type standards

ISO 690, a set of guidelines for bibliographic references and citations to information resources, defines a publication as a "message or document offered for general distribution or sale and usually produced in multiple copies", and lists types of publications including monographs and their components and serials and their components. [9] Common bibliographic software specifications such as BibTeX and Citation Style Language also list types of publications, [10] [11] as do various standards for library cataloging. [12] For example, RDA, a cataloging standard adopted by the Library of Congress in 2013 and by some other national libraries, differentiates between content types, media types, and carrier types of information resources. [13]

Unpublished works

A work that has not undergone publication, and thus is not generally available to the public, or for citation in scholarly or legal contexts, is called an unpublished work. In some cases unpublished works are widely cited, or circulated via informal means. [14] An author who has not yet published a work may also be referred to as being unpublished.

The status of being unpublished has specific significance in the legal context, where it may refer to the non-publication of legal opinions in the United States.

Related Research Articles

<span class="mw-page-title-main">Copyright</span> Legal concept regulating rights of a creative work

A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom.

The first-sale doctrine is an American legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works. In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder puts the products on the market. In the case of patented products, the doctrine allows resale of patented products without any control from the patent holder. The first sale doctrine does not apply to patented processes, which are instead governed by the patent exhaustion doctrine.

Ripping is the extraction of digital content from a container, such as a CD, onto a new digital location. Originally, the term meant to rip music from Commodore 64 games. Later, the term was applied to ripping WAV or MP3 files from digital audio CDs, and after that to the extraction of contents from any storage media, including DVD and Blu-ray discs, as well as the extraction of video game sprites.

A work of the United States government is defined by the United States copyright law, as "a work prepared by an officer or employee of the United States Government as part of that person's official duties". Under section 105 of the Copyright Act of 1976, such works are not entitled to domestic copyright protection under U.S. law and are therefore in the public domain.

The bibliographical definition of an edition is all copies of a book printed from substantially the same setting of type, including all minor typographical variants.

<span class="mw-page-title-main">No Electronic Theft Act</span> US federal law passed in 1997

The United States No Electronic Theft Act (NET Act), a federal law passed in 1997, provides for criminal prosecution of individuals who engage in copyright infringement under certain circumstances, even when there is no monetary profit or commercial benefit from the infringement. Maximum penalties can be five years in prison with fines.

Music licensing is the licensed use of copyrighted music. Music licensing is intended to ensure that the owners of copyrights on musical works are compensated for certain uses of their work. A purchaser has limited rights to use the work without a separate agreement.

<span class="mw-page-title-main">Grey literature</span> Documents and research not produced for commercial or academic journal purposes

Grey literature is materials and research produced by organizations outside of the traditional commercial or academic publishing and distribution channels. Common grey literature publication types include reports, working papers, government documents, white papers and evaluations. Organizations that produce grey literature include government departments and agencies, civil society or non-governmental organizations, academic centres and departments, and private companies and consultants.

The Section 115 Reform Act of 2006 was a bill introduced June 8, 2006 in the 109th United States Congress by Howard Berman (California-D) and Lamar Smith (Texas-R) as part of. It is one of several recent attempts to modify Section 115 of the United States Copyright Act to accommodate digital delivery of musical works.

The sound recording copyright symbol or phonogram symbol, , is the copyright symbol used to provide notice of copyright in a sound recording (phonogram) embodied in a phonorecord. It was first introduced in the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations in 1961. The United States added it to its copyright law as part of its adherence to the Geneva Phonograms Convention in 17 U.S.C. § 402, the codification of the Copyright Act of 1976.

<span class="mw-page-title-main">Copyright notice</span> Notice to inform consumers of claimed copyright ownership

In the United States copyright law, a copyright notice is a notice of statutorily prescribed form that informs users of the underlying claim to copyright ownership in a published work.

<span class="mw-page-title-main">Free content</span> Nonrestrictive creative work

Free content, libre content, libre information, or free information is any kind of creative work, such as a work of art, a book, a software program, or any other creative content unrestricted by copyright and other legal limitations on use. These are works or expressions which can be freely studied, applied, copied and modified by anyone for any purpose including, in some cases, commercial purposes. Free content encompasses all works in the public domain and also those copyrighted works whose licenses honor and uphold the definition of free cultural work.

<span class="mw-page-title-main">Digital library</span> Online database of digital objects stored in electronic media formats and accessible via computers

A digital library is an online database of digital objects that can include text, still images, audio, video, digital documents, or other digital media formats or a library accessible through the internet. Objects can consist of digitized content like print or photographs, as well as originally produced digital content like word processor files or social media posts. In addition to storing content, digital libraries provide means for organizing, searching, and retrieving the content contained in the collection. Digital libraries can vary immensely in size and scope, and can be maintained by individuals or organizations. The digital content may be stored locally, or accessed remotely via computer networks. These information retrieval systems are able to exchange information with each other through interoperability and sustainability.

<span class="mw-page-title-main">Copyright Act of 1976</span> United States law

The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976, and went into effect on January 1, 1978.

The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, 1929, are in the public domain.

United States copyright registrations, renewals, and other catalog entries since 1978 are published online at the United States Copyright Office website. Entries prior to 1978 are not published in the online catalog. Copyright registrations and renewals after 1890 were formerly published in semi-annual softcover catalogs called The Catalog of Copyright Entries (CCE) or Copyright Catalog, or were published in microfiche.

Fixation in Canadian copyright law is a threshold consideration that must be used in copyright infringement cases by courts to determine if copyright actually exists.

Playboy Enterprises, Inc. v. Starware Publishing Corp. 900 F.Supp. 433 was a case heard before the United States District Court for the Southern District of Florida in May 1995. The case revolved around the subject of copyright infringement and exclusive rights in copyrighted works. Plaintiff Playboy Enterprises filed a motion for partial summary judgment of liability of copyright infringement against defendant Starware Publishing Corporation. Specifically, Playboy Enterprises ("PEI") argued that Starware's distribution of 53 of Playboy's images, taken from an online bulletin board, and then sold on a CD-ROM, infringed upon PEI's copyrights. The case affirmed that it was copyright infringement, granting Playboy Enterprises the partial summary judgment. Most importantly, the case established that "The copyright owner need not prove knowledge or intent on the part of the defendant to establish liability for direct copyright infringement."

<i>Getaped.com, Inc. v. Cangemi</i> U.S. legal case

Getaped.com, Inc. v. Cangemi is a 2002 case from the United States District Court for the Southern District of New York concerned with the issue of whether a copyrightable work made available over the internet could be considered published under the Copyright Act of 1976. Through analogy to traditional physical distribution, the court held that this indeed constituted publication.

<span class="mw-page-title-main">Collective work (US)</span>

A collective work in the copyright law of the United States is a work that contains the works of several authors assembled and published into a collective whole. The owner of the work has the property rights in the collective work, but the authors of the individual works may retain rights in their contributions. Electronic reproduction of the whole work is allowed, but electronic reproduction of the individual works on their own, outside the context of the work as a whole, may constitute an infringement of copyright.

References

  1. 1 2 Berne Convention, article 3(3). URL last accessed 2010-05-10.
  2. 1 2 Universal Copyright Convention, Geneva text (1952), article VI Archived 2012-11-25 at the Wayback Machine . URL last accessed 2010-05-10.
  3. "Law of the Republic of Indonesia Number 28 of 2014 on Copyrights" (PDF). ditjenpp.kemenkumham.go.id. Archived from the original (PDF) on 2018-10-30.
  4. "Circular 40: Copyright Registration for Pictorial, Graphic, and Sculptural Works" (PDF). copyright.gov. US Copyright Office. Archived from the original (PDF) on 2021-04-14.
  5. German UrhG, §6, in German. URL last accessed 2007-05-29.
  6. Australian Copyright Act, section 29: Publication. URL last accessed 2007-05-29.
  7. Copyright, Designs and Patents Act 1988 (c. 48), section 175, Copyright law of the United Kingdom. URL last accessed 2007-05-29.
  8. Hawksworth, D. L. (2011). "A new dawn for the naming of fungi: impacts of decisions made in Melbourne in July 2011 on the future publication and regulation of fungal names" (PDF). MycoKeys . 1: 7–20. doi: 10.3897/mycokeys.1.2062 .
  9. "ISO 690:2021(en), Information and documentation — Guidelines for bibliographic references and citations to information resources". International Organization for Standardization. Retrieved 2023-05-08.
  10. "BibTeX entry types, field types and usage hints" (PDF). www.openoffice.org. Retrieved 2023-05-08.
  11. "Appendix III – Types – CSL Specification". docs.citationstyles.org. Retrieved 2023-05-08.
  12. For example: "Section 1.3 Bibliographic formats, in: Bibliographic Formats and Standards". oclc.org. OCLC . Retrieved 2023-05-28.
  13. "336 Content Type" , "337 Media Type" , and "338 Carrier Type" , in "Bibliographic Formats and Standards". oclc.org. OCLC . Retrieved 2023-05-28.
  14. "APA REFERENCE STYLE: Unpublished Sources". linguistics.byu.edu. 2002. Retrieved 7 March 2012.