Legal Definitions - investitive publication

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Definition of investitive publication

Definition: Investitive publication refers to the act of publicly distributing an author's work on a large enough scale to qualify for federal statutory copyright protection.

For example, if an author publishes their book and it becomes widely available to the public, it would be considered an investitive publication. This means that the author's work is protected by federal copyright laws.

Before the Copyright Act of 1976, the concept of publication was important in determining the level of copyright protection an author had. Divestitive publication, which was the public distribution of an author's work on a large enough scale to divest the author of any claim to state common-law copyright protection, was also a factor in determining copyright protection.

Today, investitive publication is less significant as copyright protection is granted from the moment a work is created, rather than when it is published.

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Simple Definition

Investitive publication refers to the act of making an author's work available to the public on a large scale, which qualifies it for federal copyright protection. This means that the author has legal rights to their work and can control how it is used and distributed. Before 1976, publication was a crucial factor in determining copyright protection, but now copyright protection begins from the moment the work is created. Limited publication, on the other hand, refers to the distribution of copies of an author's work to a selected group for a specific purpose, with no permission to copy the work, and when copies are not available to the general public. Private publication is another term for limited publication. Publication can also refer to the communication of defamatory words to someone other than the person defamed, or the formal declaration made by a testator when signing a will that it is their will.

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