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KembaraXtra – Legal Terms – Publication
In the law of defamation, publication means the communication of defamatory material to at least one person other than the person being defamed. Publication is an essential element of a defamation claim because damage to reputation can only occur if another person receives the statement. For example, speaking defamatory words to a third party, sending defamatory emails, or posting harmful comments online may amount to publication. Communication between spouses is generally not regarded as publication, but communication to the spouse of the claimant is sufficient. Dictating defamatory material to a typist or secretary also constitutes publication because another person has received the information.
In copyright law, publication refers to the issuing of copies of a work to the public. Whether a work has been published may affect the duration and protection of copyright under the Copyright, Designs and Patents Act 1988. The term publication also appears in obscenity law, particularly in relation to obscene publications distributed to the public. Across these legal contexts, publication generally involves making information, statements, or creative works available to others in a legally significant manner. The concept therefore plays an important role in both intellectual property and reputational protection law.
In the law of defamation, publication means the communication of defamatory material to at least one person other than the person being defamed. Publication is an essential element of a defamation claim because damage to reputation can only occur if another person receives the statement. For example, speaking defamatory words to a third party, sending defamatory emails, or posting harmful comments online may amount to publication. Communication between spouses is generally not regarded as publication, but communication to the spouse of the claimant is sufficient. Dictating defamatory material to a typist or secretary also constitutes publication because another person has received the information.
In copyright law, publication refers to the issuing of copies of a work to the public. Whether a work has been published may affect the duration and protection of copyright under the Copyright, Designs and Patents Act 1988. The term publication also appears in obscenity law, particularly in relation to obscene publications distributed to the public. Across these legal contexts, publication generally involves making information, statements, or creative works available to others in a legally significant manner. The concept therefore plays an important role in both intellectual property and reputational protection law.
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