, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.
A "pseudonymous work" is a work on the copies or phonorecords of which the author is identified under a fictitious name.
"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.
To perform or display a work "publicly" means-
(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or,
(2) to transmit or otherwise communicate a performance o
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