Discussion:
What is the name of your state? NY
for the purposes of copyright law and registration when is a work considered published?
my band has recorded a cd and has had it duplicated. we are giving away and selling copies ourselves, but not through a label. does that constitute being "published"?
Answer:
From 17 U.S.C. 101:
""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."
So, giving away and/or selling copies yourself does indeed constitute publication under the copyright statutes. Even if you just offered to give away a copy, that would be publication.