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U.S. Code as of:
01/19/04
Section 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(a) Unpublished Works.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103, while unpublished, are subject to protection under this title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
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(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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