Legal Definitions - Published work

The term "published work" is used in copyright law to refer to works that have been made available to the public through sale, transfer of ownership, rental, lease, or lodging. This means that copies or recordings of the work have been distributed to the public.

Under Title 17 of U.S. Code §101, both published and unpublished works created on or after January 1, 1978 are copyright-protectable. However, the rules for copyright protection differ for published and unpublished works.

For example, if a work is published anonymously, under a pseudonym, or as a work made for hire, it is protected for 95 years from the year of its first publication or for 120 years from the year of its creation, whichever is shorter. On the other hand, if a work is unpublished, it is protected for 120 years from the year of its creation.

For works created before 1978, only published works can be copyright-protected.

Examples of published works include:

• A book that is available for purchase in a bookstore or online
• A song that is available for streaming on a music platform
• A movie that is available for rental or purchase on a streaming service

These examples illustrate the definition of published work because they are all works that have been made available to the public through sale, rental, or streaming. They are all copyright-protectable under U.S. law.