What is considered publication?

[mikemill]

In regards to copyright law what is considered publication? Does uploading the image to a website count? Posting them? etc..

The 1976 Copyright Act defines publication as follows:
“Publication” is the distribution of copies or phonorecords
of a work to the public by sale or other transfer of ownership,
or by rental, lease, or lending. The offering to distribute
copies or phonorecords to a group of persons for purposes of
further distribution, public performance, or public display
constitutes publication. A public performance or display of
a work does not of itself constitute publication.

So I assume the answer about posting and uploading them to a site would be yes.

Edit: Well I screwed up the title Should be: considered

 

[diverrex]

In regards to copyright law what is considered publication? Does uploading the image to a website count? Posting them? etc..



So I assume the answer about posting and uploading them to a site would be yes.

Edit: Well I screwed up the title Should be: considered

You answered your own question, it's a yes for uploading and posting.

 

[M_Bipartitus]

You answered your own question, it's a yes for uploading and posting.

Or is it? In the text is

" A public performance or display of a work does not of itself constitute publication."

If a third party (ISP, flickr, picassa) chooses to distribute your images (because they distribute just about anything anyone uploads) does this go beyond simple public display that does not constitute publication?

If you offer the public the option to buy prints or licenses to use your image then it is publication, but if you do not it may fall under the clause above. I'd like to hear someone with more legal knowledge chime in as I don't have any first-hand experience with these things.