Page:Copyright Office Compendium 3rd Edition - Full.djvu/1067

, Third Edition or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a 'derivative work.'" 17 U.S.C.§ 101.

Domicile. The place where a person has a fixed and permanent residence for an unlimited time and to which such person, whenever absent, has the intention of returning. An author is generally regarded as "domiciled" in a country if he intends to make his permanent residence there. Residence is not the equivalent of domicile and cannot serve as a basis for determining eligibility. For renewal registration purposes, domicile in the United States includes all States, the District of Columbia, Puerto Rico, Panama Canal Zone, Virgin Islands, and Guam.

Dramatic work. A work that tells a story by means of dialog or acting and is intended to be performed. It gives directions for performance or represents all or a substantial portion of a story as actually occurring rather than merely being narrated or described. Such works may contain musical and choreographic elements.

Examining material. Material that may be requested by the U.S. Copyright Office, even when deposit material is not required, in order to determine the content or nature of the work or whether a work (or the larger work], as first published met all requirements for renewal registration. Such material may consist of a complete copy of the work as first published or identifying material taken directly from the work as first published. Such material is used only for examining purposes and will be retained by the Office and stored in the correspondence record.

Executor. A person named as such in a will and qualified in probate proceedings. For renewal registration purposes, the right to claim as "executor" is a personal right and the renewal claim should name the individual executor, although the executor claims on behalf of the author's legatees.

Foreign author. For renewal registration purposes, an author who was not a national or domiciliary of the United States or a U.C.C. country, or a stateless person at the time of first publication. An author who was a domiciliary of the United States at the time of first publication is considered to be a U.S. author, regardless of nationality.

Geneva Phonogram Convention. The Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (concluded on October 29, 1971]. This Convention granted record producers the international right to block imports of counterfeit music recordings and to take action against distributors and retailers who sold them. It did not grant performing rights. It required the term of protection be at least twenty-five years from the date of either fixation or first publication. The Senate ratified U.S. adherence to the Convention on October 1, 1973, effective March 10, 1974. See U.S. Copyright Office, United States Copyright Relations of Current Interest (I960].

Inconsistent renewal claim. A renewal claim that is based on author facts that are not supported by the facts in the original registration record.

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