http://senlawoffice.com/exclusiverights/2010/01/copyright-office-distribution-of-a-work-online-is-a-publication/ A copyright law blog covering litigation, policy and academia Tue, 07 Feb 2012 13:13:10 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://senlawoffice.com/exclusiverights/2010/01/copyright-office-distribution-of-a-work-online-is-a-publication/comment-page-1/#comment-43164 Scholarly Communications @ Duke » LOL at the Federal Register Fri, 05 Feb 2010 15:14:05 +0000 http://www.exclusiverights.net/?p=3083#comment-43164 [...] The Copyright Office notice details a interim rule that makes an interesting change in Office policy.  Essentially, the Office is now giving itself the right to ask for mandatory deposit of a certain class of online-only publications.  Deposit is mandatory for all published works, although failure to comply with this rule does not impact the availability of copyright protection itself.  But until now the Office has exempted online-only publications and, indeed, has not taken a position on whether or not such works are actually “published.”  In this notice they do acknowledge, based on several court rulings, that online material is published, and they extend the mandatory deposit requirement to a circumscribed class of online-only works — essentially formal periodicals that are published online without a print equivalent.  The requirement of deposit is not automatic even for these works; it will be triggered only if the Copyright Office makes a demand.  And the notice is careful to exclude things like blog posts, although this blogger wonders how successful that effort really is. [...] [...] The Copyright Office notice details a interim rule that makes an interesting change in Office policy.  Essentially, the Office is now giving itself the right to ask for mandatory deposit of a certain class of online-only publications.  Deposit is mandatory for all published works, although failure to comply with this rule does not impact the availability of copyright protection itself.  But until now the Office has exempted online-only publications and, indeed, has not taken a position on whether or not such works are actually “published.”  In this notice they do acknowledge, based on several court rulings, that online material is published, and they extend the mandatory deposit requirement to a circumscribed class of online-only works — essentially formal periodicals that are published online without a print equivalent.  The requirement of deposit is not automatic even for these works; it will be triggered only if the Copyright Office makes a demand.  And the notice is careful to exclude things like blog posts, although this blogger wonders how successful that effort really is. [...]

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