Also known as: general publications · publication · general published
Written by attorneys · grounded in primary & secondary sources — see below
Distribution of an author's work to the public at large, as opposed to a selected group, that dedicates the work to the public. Before the Copyright Act of 1976, such distribution terminated common-law copyright protection even if restrictions on use were imposed.
A national publisher mails thousands of copies of its monthly magazine into Maine each month and sells advertising to Maine businesses. A Maine hospital sues the publisher in Maine court for defamation arising from a report in one issue. The regular circulation into the state supplies the contacts needed for specific jurisdiction over the claim.
A radio station airs a segment that imputes criminal conduct to a local business owner. The owner sues the station for slander even though no special damages are shown. Liability attaches because the broadcast reaches the public in a manner that satisfies the elements for slander per se.
During cross-examination an expert concedes that a particular medical treatise is authoritative. The opposing party reads a contradictory statement from the treatise into the record. The statement is admissible for impeachment but the treatise itself is not received as an exhibit.
Select any source to read its text and confirm it supports the definition.
A trust terminates and the trustee must locate numerous beneficiaries scattered across several states. The trustee mails notice to every beneficiary whose address is known and publishes notice in a newspaper of general circulation for those whose identities or addresses cannot be ascertained. Due process is satisfied for the unknown class.
A newspaper prints one edition containing a defamatory article and distributes copies throughout several states. The plaintiff files suit in one jurisdiction and seeks damages for harm suffered everywhere. Only one action may be maintained and all damages from the single publication may be recovered in that action.
A company issues a press release falsely stating that a competitor's product is unsafe. The release reaches third parties who understand its defamatory meaning and foreseeably rely on it. The plaintiff must prove the act of publication along with the other elements to recover damages.
A general publication distributes the work to the public at large and dedicates it to the public, terminating common-law copyright. A limited publication communicates the work only to a selected group for a limited purpose without granting rights of further reproduction or distribution.
Yes. The 1976 Act preempted most common-law copyright, so the divestitive consequences of general publication no longer apply to works created on or after January 1, 1978.
No. Even when restrictions are imposed, distribution to the public at large still constitutes a general publication that dedicates the work to the public.
…for a retraction. The manager of the Advertising Acceptability Department testified that he had approved the advertisement for publication because he knew nothing to cause him to believe that anything in it was false, and because it bore the endorsement of "a number of people who are well known and whose reputation" he "had no…