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Klarinet Archive - Posting 000129.txt from 2003/06

From: Mark Gresham <>
Subj: Re: [kl] Re: Copyright; was Law and Semantics
Date: Wed, 4 Jun 2003 11:22:41 -0400

Joseph H. Fasel wrote:
> Aha! So "publication" on a webpage you control wouldn't qualify?

It would qualify to the extent downloaded (or printed) copies go beyond
your control, i.e. the intent of distribution. Placing copies on a
webpage certainly makes them available beyond your control, specifically
so if the intent is for the viewer/recipient to reproduce what's offered
on the web page.
That is in contrast to private circulation among professionals (say,
of drafts or other pre-publication copies).
Now, whether a competition acknowledges that availability on a
website constitutes "publication" is something they may want to haggle
over. But if there is any doubt, then just create your own limited
publishing operation, with imprint name, catalog numbers and the whole
nine yards. (Just make sure you don't replicate another legitimate
publisher's imprint name.) If it's the electrionic nature of the media
that bothers them, making what's on the website available "in print" in
a nice form is not an especially difficult matter either.
Basically, what they don't want is the pretense of violating
copyrights, and "public domain" works in engraved form which "may" have
been made from copyrighted editions spooks them. It can also feel like
"opening the barn door" to all sorts of bugaboos with "doubtful"

Mark Gresham, composer
Lux Nova Press
LNP Retail Webstore

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