RE: What's the definition of a published author

Subject: RE: What's the definition of a published author
From: Michael McCallister <Michae -dot- McCallister -at- msbinfo -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Wed, 17 Dec 2003 13:45:53 -0600


David,

But I'm not sure there are any *consequences* related to handing out
multiple copies aside from the deposit requirement (i.e., sending two more
copies to the Library of Congress). How *I* would interpret this (and I Am
Not A Lawyer) is: I tell the list "I've prepared a 'Guide to Getting
Published.' Email me if you want it; feel free to send it to anyone you
want."

The announcement constitutes publication.

If, OTOH, I wrote a 'Guide to Getting Published' and only gave it to people
who asked me "How do I get published?", that doesn't count. Or, say I find a
paper I wrote in college, find it uniquely prescient and astute and start
handing it out to everyone I know (but no one I don't know). That isn't
publication either, unless I tell the recipients "Post this paper on every
telephone pole (public display), or email it to all your friends (further
distribution).

Just some thoughts.

Mike McCallister

-----Original Message-----
From: Downing, David [mailto:DavidDowning -at- Users -dot- com]
Sent: Wednesday, December 17, 2003 1:05 PM
To: TECHWR-L
Subject: RE: What's the definition of a published author



This paragraph that you quoted is what I remember, and it gives me the same
feeling now that it did when I first read it -- that if you start giving out
copies of any of your work under any circumstances, you'd better be careful
lest you accidentally meet the conditions of publication.


"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.


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