Page:Copyright Office Compendium 3rd Edition - Full.djvu/1071

, Third Edition Posthumous work. A work that was unpublished on the date of the death of the author and with respect to which no copyright assignment or other contract for exploitation of the work occurred during the author's lifetime. See 37 C.F.R. § 202.17(b)(3); see also H.R. Rep. No. 94-1476, at 139 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5755 (stating that the term "posthumous work" "has the meaning given to it in Bartok v. Boosey & Hawkes, Inc., 523 F.2d 941 (2d Cir. 1975) - one as to which no copyright assignment or other contract for exploitation of the work has occurred during an author's lifetime, rather than one which is simply first published after the author's death.").

Proprietary author. An employer or organizational or impersonal party that causes a work to be created. When a work was created by a proprietary author, the proprietor at the time of renewal registration (if made during the last year of the original term), or on the last day of the original term (if renewal registration is made during the renewal term), is entitled to claim the renewal copyright.

Proprietary work. The law describes four types of works in which the proprietor, rather than the person(s) who created the work, may claim the renewal copyright: works made for hire, composite works, posthumous works, and "any work copyrighted by a corporate body (otherwise than as assignee or licensee of the individual author)." Pub. L. No. 61-281, § 24, 61 Stat. 652, 659 (1947).

Proprietor. The owner of copyright in a proprietary work on the date the renewal claim was filed during the renewal filing period or on the last day of the original term if no renewal registration was made before that date. To claim the renewal copyright as a proprietor, the claimant should derive title directly or indirectly from the original copyright claimant.

Pseudonymous work. A work on the copies or phonorecord of which the individual author is identified under a fictitious name.

Publication. The Copyright Act of 1909 did not define publication per se but defines "the date of publication" as having occurred when "copies of the first authorized edition were placed on sale, sold, or publicly distributed by the proprietor of the copyright or under his authority." Copyright Act of 1909, amended by Pub. L. No. 80-281, § 26, 61 Stat. 652, 659-60 (1947). Under court decisions, a work was generally considered to be published when a general publication occurred. A general publication is the distribution of one or more copies of a work to the general public, usually by means of a sale or a public distribution. The courts created the doctrine of limited publication to avoid the divestive consequences of publication without notice, when it was clear the author (or copyright proprietor) restricted both the persons and the purpose of the distribution. Generally, limited publication is the distribution of copies of a work to a definitely selected group and for a limited purpose, and without the right of diffusion, reproduction, distribution, or sale. A limited publication is not considered a distribution to the public and, therefore, is not publication. Leasing or renting of copies are ordinarily regarded as a general publication unless the distribution was to a limited group or for a restricted purpose. For example, leasing copies of a motion picture to film distributors or exhibitors or broadcasters would be regarded as publication, whereas making a rental score available for a limited time for performance purposes only would not be regarded as publication. Likewise, placing an artistic work on public display with no restrictions

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