Publication
Encyclopedia
To publish is to make content
available to the public
. While specific use of the term may vary among countries, it is usually applied to text, images, or other audio-visual
content on any medium, including paper (newspaper
s, magazine
s, catalog
s, etc.) or electronic publishing
forms such as websites, e-book
s, Compact Disc
s and MP3
s. The word publication means the act of publishing
, and also refers to any copies.
on the work. One of the copyrights granted to the author of a work is the exclusive right to publish the work.
In the United States
, publication is defined as:
Furthermore, the right to publish a work is an exclusive right of the 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 his will be confiscated and destroyed (17 USC 502, 17 USC 503).
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. 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." 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). 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.Copyright, Designs and Patents Act 1988 (c. 48), section 175, Copyright law of the United Kingdom
. URL last accessed 2007-05-29.
(taxonomy
), the publication of the description of a taxon
has to comply with some rules.
Content (media and publishing)
In media production and publishing, content is information and experiences that may provide value for an end-user/audience in specific contexts. Content may be delivered via any medium such as the internet, television, and audio CDs, as well as live events such as conferences and stage performances...
available to the public
Public
In public relations and communication science, publics are groups of individuals, and the public is the totality of such groupings. This is a different concept to the sociological concept of the Öffentlichkeit or public sphere. The concept of a public has also been defined in political science,...
. While specific use of the term may vary among countries, it is usually applied to text, images, or other audio-visual
Audio-visual
The term Audio-Visual may refer to works with both a sound and a visual component, the production or use of such works, or to equipment used to create and present such works...
content on any medium, including paper (newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
s, magazine
Magazine
Magazines, periodicals, glossies or serials are publications, generally published on a regular schedule, containing a variety of articles. They are generally financed by advertising, by a purchase price, by pre-paid magazine subscriptions, or all three...
s, catalog
Catalog
Catalog or catalogue may refer to:In science and technology:*Astronomical catalog, a catalog of astronomical objects**Star catalog, a catalog of stars*Pharmacopoeia, a book containing directions for the preparation of compound medicines...
s, etc.) or electronic publishing
Electronic publishing
Electronic publishing or ePublishing includes the digital publication of e-books and electronic articles, and the development of digital libraries and catalogues. Electronic publishing has become common in scientific publishing where it has been argued that peer-reviewed scientific journals are in...
forms such as websites, e-book
E-book
An electronic book is a book-length publication in digital form, consisting of text, images, or both, and produced on, published through, and readable on computers or other electronic devices. Sometimes the equivalent of a conventional printed book, e-books can also be born digital...
s, Compact Disc
Compact Disc
The Compact Disc is an optical disc used to store digital data. It was originally developed to store and playback sound recordings exclusively, but later expanded to encompass data storage , write-once audio and data storage , rewritable media , Video Compact Discs , Super Video Compact Discs ,...
s and MP3
MP3
MPEG-1 or MPEG-2 Audio Layer III, more commonly referred to as MP3, is a patented digital audio encoding format using a form of lossy data compression...
s. The word publication means the act of publishing
Publishing
Publishing is the process of production and dissemination of literature or information—the activity of making information available to the general public...
, and also refers to any copies.
Legal definition and copyright
"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 copyrightCopyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
on the work. One of the copyrights granted to the author of a work is the exclusive right to publish the work.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, 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.
- 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
- (2) 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
Furthermore, the right to publish a work is an exclusive right of the 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
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
(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 (17 USC 502, 17 USC 503).
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
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
, which makes mention of "copies" in article 3(3), where "published works" are defined. In the Universal Copyright Convention
Universal Copyright Convention
The Universal Copyright Convention , adopted at Geneva in 1952, is one of the two principal international conventions protecting copyright; the other is the Berne 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." 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). 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.Copyright, Designs and Patents Act 1988 (c. 48), section 175, Copyright law of the United Kingdom
Copyright law of the United Kingdom
The modern concept of copyright originated in the United Kingdom, in the year 1710, with the Statute of Anne.The current copyright law of the United Kingdom is to be found in the Copyright, Designs and Patents Act 1988 , as amended...
. URL last accessed 2007-05-29.
Biological classification
In biological classificationBiological classification
Biological classification, or scientific classification in biology, is a method to group and categorize organisms by biological type, such as genus or species. Biological classification is part of scientific taxonomy....
(taxonomy
Taxonomy
Taxonomy is the science of identifying and naming species, and arranging them into a classification. The field of taxonomy, sometimes referred to as "biological taxonomy", revolves around the description and use of taxonomic units, known as taxa...
), the publication of the description of a taxon
Taxon
|thumb|270px|[[African elephants]] form a widely-accepted taxon, the [[genus]] LoxodontaA taxon is a group of organisms, which a taxonomist adjudges to be a unit. Usually a taxon is given a name and a rank, although neither is a requirement...
has to comply with some rules.
- It must be published in LatinLatinLatin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
. - It must be published on paper.
- The publication must be generally available.
- The date of publication is the date the published material became generally available.
External links
- 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 1976Copyright Act of 1976The 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...
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.