Mass-distribution of commercial product = publication?

["Mina, Jannette" <JMina@xxxxxxxxx>]

Hello List!
I work in a museum and have a question regarding the definition of
"publication" when it comes to commercially-available products.
According to the 1976 Copyright Act, "'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."
Would the date of production for commercially-available products, such
as a candy tin, jewelry, or silverware, constitute a publication date as
it would for printed materials, such as greeting cards? The distribution
of both print and non-print materials fits the description of
publication as defined above - copies were distributed by sale or
transfer of ownership. In this manner, can the non-print product be
considered in the public domain if it does not comply with copyright
requirements? For example, the item was created in 1955 for
mass-distribution at that time and does not have a copyright symbol,
which is a requirement for copyright protection for items published in
1955.  I would like to use an image of the work on our website, and I am
having a hard time finding info about this topic.
Thanks in advance for your helpful advice!
Jannette
ps.  The product does not have any visible trademarks.



---
Jannette Mina
Visual Resources Project Assistant
The Jewish Museum
1109 Fifth Avenue
New York, NY  10128
212.423.3326 [phone]
212.423.3316 [fax]

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