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8  Unpublished works

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Unpublished articles are those not released to the general public, and are commonly subject to the type of access restrictions listed here.

Leaving a work unpublished is a way of restricting access to it to only those given the explicit means of access. This mitigates against the work being used under the fair use, satire and parody provisions of most copyright laws that would be available to anyone once a work is published. This is the similar to the hidden state of a work as it is being edited prior to release but extended by gated access for invited others.

Of course, this requires trust in those to whom the works are made available, though the access limitations above may provide some legal recourse for breaches of that trust. However, seek legal opinion for your own jurisdiction to ascertain whether further legal restrictions need to be specified to protect the works from being made public.

It is categories that are designated as a repository of unpublished articles, so any article in it is automatically designated as unpublished and subject to the same access provisions. However, if an article had been released and previously not in an unpublished category, it might have been seen or captured by one of several web archive sites and thus might be considered legally published. Avoid that by putting an article in an unpublished category before its first release.

Suggested policies for the Unpublished works section of the Policies page of the main subsite are:
  1. a.They are protected by copyright.
  2. b.To view one of the works, you must have been explicitly given the URL to access it and the access password by the copyright owner.
  3. c.If you have been explicitly authorised to view the works, you may privately do so up until they are no longer accessible on the site, after which you must destroy all copies in your possession.
  4. d.If you have not been explicitly authorised to view the works, immediately destroy all copies.
  5. e.You may not allow any other person to view the works, nor distribute it to them in any form or by any means.
  6. f.You must not let anyone else know the existence or nature of the works.
  7. g.Any dispute regarding these provisions must be taken up with the copyright owner of the works in their nominated jurisdiction.

For how to set this facility up, see the Unpublished works sub section of the Category page.

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