Category Archives: Section 1.102

S 01.102

5 responses to “S 01.102”

  1. ehasbrouck says:

    Many magazines and other serials are irregularly published, lack specific intent of the publisher to continue indefinitely or any evidence of such intent, even if it might exist (the most common intent of a commercial publisher, of course, is to continue publication not indefinitely but as long as it promises to be profitable), deliberately have distinctive designs and themes for each issue (especially art and deisgn publications), or have a primary purpose other than, “to transmit information” (is art as a purpose considered “transmission of information”? ), any of which would cause them to be considered “books” for purposes of the settlement.

  2. The periodicity requirement would seem to leave many zines outside the definition of “periodical,” along with many more formal publications. Timothy McSweeney’s Quarterly Concern has a stated frequency that hasn’t always matched its actual frequency (“Late Winter 2000”) and is supposed only to run for fifty-six issues. The boundary cases here are going to be hard, no matter what definition you use.

  3. Elizabeth Townsend Gard says:

    This is a distinctly different definition than under the 1909 Act and the Compendium, and will add to confusion or revision of law in a pretty significant way. It is both broader (time period) and narrower (periodicals include many more kinds of works under the 1909 Copyright Act.)

  4. Interesting. Has anyone asked the parties why the definition diverges?

  5. ‘Comic book’ — this might be termed the DC Comics amendment.

    I detect signs of hasty revision: it’s a rare comic book ‘whose primary purpose is to transmit information’, unless you are defining information so broadly that the clause becomes useless as a qualifier.

Periodical” means a newspaper, magazine, comic book, or journal and any other publication (a) that is published at a stated frequency with the intent to continue publication indefinitely; (b) whose continuity shows from issue to issue (e.g., by serialization of articles or by successive issues carrying the same style, format, theme, or subject matter); (c) whose primary purpose is to transmit information; (d) whose content consists of original or reprinted articles on one topic or many topics, listings, photographs, illustrations, graphs, a combination of advertising and nonadvertising matter, comic strips, legal notices, editorial material, cartoons, or other subject matter; and (e) for which the primary distribution of each issue is made before that of each succeeding issue.; including any book form compilation of any of the foregoing.

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