Doesn't copyright apply the moment of release? Since it's not released, it's not copyrighted. The rest would indeed apply, of course, but I'm not sure about copyright.
Per the Copyright Office[1]:
A work is fixed when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. For example, a work is fixed when you write it down or record it.