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, Third Edition 2005.4

2005.5

2005.5(A)

2005.5(B)

2005.5(C)

2005.6

Stateless Persons

A work by a stateless author is eligible for registration with the U.S. Copyright Office regardless of the author's former or prospective nationality or domicile, and regardless of the place of first publication of the work. 17 U.S.C. § 104(b) (1].

Works Made for Hire

In the case of a work made for hire, it is the nationality or domicile of the employer or other person for whom the work was prepared, rather than the nationality or domicile of the employee, which serves as the basis for determining eligibility for registration.

Nationality and Domicile of Corporations and Similar Organizations

In the case of a work made for hire, where the employer or other person for whom the work was prepared is not a natural person, but is an artificial person or legal entity such as a corporation or similar organization, the nationality and domicile of that organization is usually considered to be the nation under the laws of which the organization was created for purposes of copyright registration. For example, the nationality and domicile of a corporation generally should be stated as the United States if it was incorporated under the law of one of the several States, under federal law, or under the law of the District of Columbia, the Commonwealth of Puerto Rico, or those organized territories under the jurisdiction of the United States that have the power to create corporations.

Members

A corporation or similar organization is ordinarily considered by law to be separate and distinct from the persons who are its members or shareholders. As a result, the nationality or domicile of the organization may be different from that of its members or shareholders.

Doing Business

A corporation may do business in a particular nation without being a national or domiciliary of that nation.

Anonymous and Pseudonymous Works

Where eligibility depends on the nationality or domicile of the author, the applicant must provide that information in the application, even if the work is anonymous or pseudonymous. The applicant does not, however, have to identify the author's name in such cases.

For a definition and general discussion of anonymous and pseudonymous works, see Chapter 600, Sections 615.1 and 615.2.

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