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Publication

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Under the 1909 Copyright Act, a publication was deemed to occur Publication, while of immense importance under the 1909 Act, was not statutorily defined. Case law created a distinction between a general publication and a limited publication, holding that only the former operated to divest common law copyright and subject a work to the federal statutory scheme. Under the 1909 Act, a publication was deemed to occur "when by consent of the copyright owner, the original or tangible copies of a work are sold, leased, loaned, given away, or otherwise made available to the general public, or when an authorized offer is made to dispose of the work in any such manner even if a sale or other such disposition does not in fact occur."

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Under the 1909 Copyright Act, a publication was deemed to occur Publication, while of immense importance under the 1909 Act, was not statutorily defined. Case law created a distinction between a general publication and a limited publication, holding that only the former operated to divest common law copyright and subject a work to the federal statutory scheme. Under the 1909 Act, a publication was deemed to occur "when by consent of the copyright owner, the original or tangible copies of a work are sold, leased, loaned, given away, or otherwise made available to the general public, or when an authorized offer is made to dispose of the work in any such manner even if a sale or other such disposition does not in fact occur." Courts treated these two concepts of publication so as to mitigate the harsh forfeiture effects of an improper publication. "From the results of the decided cases, the principle is discernible that it takes more publication to destroy a common-law copyright than to perfect a statutory copyright.""(I)t takes more in the way of publication to invalidate any copyright, whether statutory or common law, than to validate it." The significance of these cases lie in the recognition that publication may more readily be found if the issue is whether the copyright statute has been complied with than if forfeiture of common law rights is involved.