- Publication
To publish is to make content
public ly known. The term is most frequently applied to the distribution of text or images on paper, or to the placing of content on awebsite .The word "publication" means the act of
publishing , and it also means any writing of which copies are published, and any website. Among "publications" arebook s, and periodicals, the latter includingmagazine s, scholarly journals, andnewspaper s.Computers and theinternet have changed the face of publishing, lowering the cost, and allowing more people to publish, through bothdesktop publishing and internet publishing.pecific publications
Some publications have to be characterized in a more specific sense and contexts. Examples:
*Academic publishing
*Open access publishing Web publishing
To publish on the
Web . Seewebsite ,Web template system s,Blog , etc.Legal definition
Copyright
"Publication" is a technical term in legal contexts and especially important in copyright legislation. An author of a work generally in the initial owner of the
copyright 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::"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.":—Furthermore, the right to publish a work is an exclusive right of the copyright owner (), and violating this right (e.g. by disseminating copies of the work without the copyright owner's consent) is a
copyright infringement (), and the copyright owner can demand (by suing in court) that e.g. copies distributed against his will be confiscated and destroyed ().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. [http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P98_14701 Berne Convention, article 3(3)] . URL last accessed
2007-05-29 .] In theUniversal 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." [http://ipmall.info/hosted_resources/lipa/copyrights/The%20Universal%20Copyright%20Convention%20_Geneva%20Text--September.pdf Universal Copyright Convention, Gevena text (1952), article VI] . URL last accessed2007-05-29 .] 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). [http://bundesrecht.juris.de/urhg/__6.html German UrhG, §6] , in German. URL last accessed2007-05-29 .] 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. [http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/bodylodgmentattachments/62632B5B1514AEB0CA2570DC000DF45C?OpenDocument#para2.454 Australian Copyright Act, section 29: Publication] . URL last accessed2007-05-29 .] [http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_11.htm#mdiv175 Copyright, Designs and Patents Act 1988 (c. 48), section 175] ,Copyright law of the United Kingdom . URL last accessed2007-05-29 .]Official publication
In some countries, publication in the
official journal is a condition for the law tocome into effect and it is released in thepublic domain .Examples of official publications:
*
Federal Register Taxonomy
In
Biological classification (Taxonomy ), the publication of the description of ataxon has to comply with some rules.
*It must be published inLatin .
*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.References
External links
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=897643 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 1976
Copyright Act 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.
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