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17 U.S.C. § 104 — Subject matter of copyright: National origin

Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 104 — Subject matter of copyright: National origin

**(a) Unpublished Works.—** The works specified by sections 102 and 103, while unpublished, are subject to protection under this title without regard to the nationality or domicile of the author. **(b) Published Works.—** The works specified by sections 102 and 103, when published, are subject to protection under this title if— (1) on the date of first publication, one or more of the authors is a national or domiciliary of the United States, or is a national, domiciliary, or sovereign authority of a treaty party, or is a stateless person, wherever that person may be domiciled; or (2) the work is first published in the United States or in a foreign nation that, on the date of first publication, is a treaty party; or (3) the work is a sound recording that was first fixed in a treaty party; or (4) the work is a pictorial, graphic, or sculptural work that is incorporated in a building or other structure, or an architectural work that is embodied in a building and the building or structure is located in the United States or a treaty party; or (5) the work is first published by the United Nations or any of its specialized agencies, or by the Organization of American States; or (6) the work comes within the scope of a Presidential proclamation. Whenever the President finds that a particular foreign nation extends, to works by authors who are nationals or domiciliaries of the United States or to works that are first published in the United States, copyright protection on substantially the same basis as that on which the foreign nation extends protection to works of its own nationals and domiciliaries and works first published in that nation, the President may by proclamation extend protection under this title to works of which one or more of the authors is, on the date o

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Source file: Laws/federal/codes/united-states-code/title-17/section-104-subject-matter-of-copyright-national-origin--a5ffec499d.md
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Source location: Title 17, Chapter 1, § 104; chapter-001-subject-matter-and-scope-of-copyright.md

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**(a) Unpublished Works.—** The works specified by sections 102 and 103, while unpublished, are subject to protection under this title without regard to the nationality or domicile of the author. **(b) Published Works.—** The works specified by sections 102 and 103, when published, are subject to protection under this title if— (1) on the date of first publication, one or more of the authors is a national or domiciliary of the United States, or is a national, domiciliary, or sovereign authority of a treaty party, or is a stateless person, wherever that person may be domiciled; or (2) the work is first published in the United States or in a foreign nation that, on the date of first publication, is a treaty party; or (3) the work is a sound recording that was first fixed in a treaty party; or (4) the work is a pictorial, graphic, or sculptural work that is incorporated in a building or other structure, or an architectural work that is embodied in a building and the building or structure is located in the United States or a treaty party; or (5) the work is first published by the United Nations or any of its specialized agencies, or by the Organization of American States; or (6) the work comes within the scope of a Presidential proclamation. Whenever the President finds that a particular foreign nation extends, to works by authors who are nationals or domiciliaries of the United States or to works that are first published in the United States, copyright protection on substantially the same basis as that on which the foreign nation extends protection to works of its own nationals and domiciliaries and works first published in that nation, the President may by proclamation extend protection under this title to works of which one or more of the authors is, on the date of first publication, a national, domiciliary, or sovereign authority of that nation, or which was first published in that nation. The President may revise, suspend, or revoke any such proclamation or impose any conditions or limitations on protection under a proclamation. For purposes of paragraph (2), a work that is published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party shall be considered to be first published in the United States or such treaty party, as the case may be. **(c) Effect of Berne Convention.—** No right or interest in a work eligible for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. **(d) Effect of Phonograms Treaties.—** Notwithstanding the provisions of subsection (b), no works other than sound recordings shall be eligible for protection under this title solely by virtue of the adherence of the United States to the Geneva Phonograms Convention or the WIPO Performances and Phonograms Treaty.

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 101 — Definitions

Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following:

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 104 — Subject matter of copyright: National ori-

Page 15 TITLE 17—COPYRIGHTS § 104 prehend every copyrightable work that employs pre- existing material or data of any kind. There is nec- essarily some overlapping between the two, but they basically represent different concepts. A ‘‘compilation’’ results from a process of selecting, bringing together, organizing, and arranging previously existing material of all kinds, regardless of whether the individual items in the material have been or ever could have been sub- ject to copyright. A ‘‘derivative work,’’ on the other hand, requires a process of recasting, transforming, or adapting ‘‘one or more preexisting works’’; the ‘‘pre- existing work’’ must come within the general subject matter of copyright set forth in section 102, regardless of whether it is or was ever copyrighted. The second part of the sentence that makes up sec- tion 103(a) deals with the status of a compilation or de- rivative work unlawfully employing preexisting copy- righted material. In providing that protection does not extend to ‘‘any part of the work in which such material has been used unlawfully,’’ the bill prevents an in- fringer from benefiting, through copyright protection, from committing an unlawful act, but preserves protec- tion for those parts of the work that do not employ the preexisting work. Thus, an unauthorized translation of a novel could not be copyrighted at all, but the owner of copyright in an anthology of poetry could sue some- one who infringed the whole anthology, even though the infringer proves that publication of one of the poems was unauthorized. Under this provision, copy- right could be obtained as long as the use of the pre- existing work was not ‘‘unlawful,’’ even though the consent of the copyright owner had not been obtained. For instance, the

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