Page:Copyright Office Compendium 3rd Edition - Full.djvu/235

, Third Edition If the applicant cannot determine the exact year of birth and/or death, the applicant may provide a good faith estimate qualified by the phrase “on or about,” “approximately,” or the like. When completing an online application, this statement may be provided in the Note to Copyright Office field. In a paper application this statement may be provided on the application itself or in a cover letter. In both cases, the registration specialist will add an to the registration record, such as: “Regarding author information: applicant states author’s year of birth is ‘approximately 1952.’”

617&emsp;Citizenship and Domicile of the Author

617.1&emsp;What Is the Author’s Citizenship and Domicile?

The application should identify the citizenship and/or domicile of the author, regardless of whether the work described in the application is an work or a  work, or whether the work was created by a natural person or a corporation, a limited liability company, a limited partnership, or a similar legal entity. 17 U.S.C. § 409(2), (3). This information may be used to determine whether the work is eligible for copyright protection under U.S. copyright law.

works are eligible for copyright protection in the United States, but works may not be eligible if they are first published in, or by authors of, countries that have not entered into a copyright treaty with the United States. 17 U.S.C. § 104(a), (b). For information concerning these eligibility requirements, see.

The terms “citizenship” and “nationality” mean the same thing. Specifically, they mean that the author is a citizen of a particular country, or that the author owes permanent allegiance to a particular country, even though he or she is not a citizen of that nation.

The author’s domicile is the country where the author has a fixed and permanent residence, where the author intends to maintain his or her residence for an unlimited time, and whenever absent, where the author intends to return. Mere residence is not the equivalent of domicile and does not provide a basis for establishing eligibility.

617.2&emsp;Determining the Author’s Citizenship or Domicile for a Published Work

If the work has been, the should provide the author’s citizenship and domicile as of the date that the work was first published. The fact that the author’s citizenship and/or domicile may have changed after the work was first published is irrelevant. For example, if the author was a Tunisian citizen when the work was first published and subsequently became a French citizen, the applicant should identify the author’s country of citizenship as “Tunisia” rather than “France.”

617.3&emsp;Determining the Author’s Citizenship or Domicile for a Work Made for Hire

If the work is a the  should indicate the citizenship and/or domicile of the employer or the person or entity that ordered or commissioned the work. For example, if the work was created by an employee acting within the scope of his or her employment and the employer is a legal entity, the applicant should identify Chapter 600 : 103