The Online Copyright Handbook
Excerpt from Section
One : DO YOU NEED TO PUBLISH?
Some people will tell you that publication is an essential
part of creating a copyright. Under earlier formulations
of the law, publication did play a major role in creation
of a copyright, but that is no longer the case.
Nonetheless, publication
is still an important part of the copyright mix. All works
published in the United States are "subject to mandatory
deposit with the Library of Congress" and publication
can have an impact on the duration of copyright protection
for works whose author's are not identified. It can also
have some impact on some of the rights related to copyright
ownership.
In our discussion of
copyright lengths, you will notice that the date of publication
can play a role in the creation of a copyright's term.
In some litigation, the act of publication may be used
to defeat claims of innocent infringement on the part
of a copyright violator.
Don't worry, though.
You don't need a book, an ISBN number, a copy of your
text at the Library of Congress or to even put it up on
your Blog to have copyright protection.
Publication can be a
good idea, but it is not the sine qua non of copyright
some would lead you to believe.
