Page:Copyright Office Compendium 3rd Edition - Full.djvu/982

, Third Edition 2003.2(D) Eligibility Based on Incorporation into Buildings or Other Structures

Section 104(b)(4) of the Copyright Act protects pictorial, graphic, or sculptural works that are incorporated into a building or other structure, and architectural works that are embodied in a building. The Copyright Act, however, only protects pictorial, graphic, sculptural, and architectural works if the building or structure in which they are incorporated or embodied is located in the United States or a treaty party.

2003.2(E) Eligibility of Works Published by the United Nations or the Organization of American States

Section 104(b)(5) of the Copyright Act states that works first published by the United Nations (or any of its specialized agencies) or by the Organization of American States are eligible for protection under the Copyright Act. This provision is based on first publication by these organizations, regardless of the location of the publication.

2003.2(F) Eligibility Based on Presidential Proclamations

Section 104(b)(6) of the Copyright Act protects works that come within the scope of Presidential proclamations. This means that, in addition to the categories listed in Sections 2003.2(A) through 2003.2(E), a work may be eligible for protection in the United States if the President finds that a particular foreign nation extends copyright protection to works by nationals or domiciliaries of the United States or works that are first published in the United States "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." 17 U.S.C. § 104(b)(6). In such cases, the President may issue a proclamation that extends copyright protection "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 [foreign] nation, or which was first published in that nation." Id. The President may revise, suspend, or revoke any such proclamation or impose any conditions or limitations on protection under a proclamation.

2004 Treaties and Presidential Proclamations

U.S. protection of foreign works often is based on the United States' treaty relationships with other countries. The United States has treaty relationships with all but a handful of countries, as set forth in Circular 38(a), International Copyright Relations of the United States (www.copyright.gov/circs/circ38a.pdf). Some of these treaties are multilateral, meaning that there are more than two parties to the treaty, while other treaties are bilateral, meaning that they are between just the United States and one foreign country. It is important to note the date on which a foreign country became a treaty party, because U.S. law will apply only to works either created or first published (depending on which type of eligibility is used) on or after the date that the foreign country became a treaty party. Additionally, for a treaty to confer eligibility, it must apply to the work at issue. For example, an author of a literary work could not rely on the existence of a copyright treaty that protects only satellite broadcasts but not literary works.

Chapter 2000 : 7

12/22/2014 Chapter _00 : 7