Page:Copyright Office Compendium 3rd Edition - Full.djvu/986

, Third Edition 2005.7

2005.8

2005.8(A)

2005.8(B)

2005.9

2006

Compilations and Derivative Works

The nationality or domicile of the author of a compilation or derivative work is used in determining eligibility for registration, rather than the nationality or domicile of the author(s) of the preexisting material used in that work.

When Is Eligibility Determined?

If eligibility must be based on the author's nationality or domicile, the author's nationality or domicile and the status of the author's country must be assessed as of the date of first publication.

Works Initially Registered as Unpublished, but Ineligible for Registration as Published Works

Even though a work may have been registered as unpublished, it must be eligible at the time of first publication to be registrable as a published work. For example, if the author is a national and domiciliary of Iraq (a nation with which the United States has no copyright relations], the U.S. Copyright Office will register the work if it is unpublished. If the work is later published in another country with which the United States does not have copyright treaty relations, and the author's citizenship and domicile remain unchanged, the Office will refuse to register the claim in the published version.

Change in Nationality or Domicile after Publication

If a work was eligible for registration at the time of first publication on the basis of the author's nationality or domicile, changes in nationality or domicile occurring after that time will not impact the work's eligibility.

Eligibility Unclear

Sometimes the status of copyright relations between the United States and a particular nation is unclear. In cases where eligibility depends on the existence of copyright relations with that country, but the relationship is unclear, the U.S. Copyright Office will refuse registration.

Application Tips for Foreign Works

In most cases, eligible foreign works may be registered just like any other work. In other words, an applicant generally may submit an application using the electronic registration system and selecting the type of work at issue [e.g., literary work, work of the performing arts, work of the visual arts, sound recording, or single serial issue) or by using a paper application [e.g., Form TX, PA, VA, SR, SE, etc.). For specific guidance on how to complete these applications, see Chapter 600 (Examination Practices). There are, however, some foreign works that must be registered with a paper application submitted on Form GATT. These works typically were created or published before 1996 and are known as "restored works," which are discussed in Section 2007 below.

In all cases, the applicant should provide the name of the nation of which the author is a national or domiciliary, and in the case of a published work, the name of the nation of

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