17 USC 104
Subject matter of copyright: National origin
This document contains one section of the U.S. Copyright Act (found in Title 17 of the United States Code). This page was last updated in October 2005. All of the sections of the Copyright Act are listed on the Index page.
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(a)Unpublished works. The works specified by sections 102 and 103 [17 USC § §102 and 103], while unpublished, are subject to protection under this title without regard to the nationality or domicile of the author.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 [17 USC § §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.