Page:Copyright Office Compendium 3rd Edition - Full.djvu/988

, Third Edition Section 104A(h)(6) of the Copyright Act provides a precise definition of a "restored work" and specifies the specific requirements — all of which must be satisfied — to qualify as a "restored work":

• Not in the public domain in the source country: The work must not be in the public domain in its source country through the expiration of the term of protection. 17 U.S.C. § 104A(h)(6](B). As discussed in Chapter 100, Section 102.2[A], the term of protection is the length of time during which a work is protected by copyright law. As discussed in Chapter 300, Section 313.6(D], the term "public domain" means that the work is not protected by copyright law. Thus, restored works must be copyright- protected and still within their term of protection in the foreign country.

• Fell into the public domain in the United States: The work must be in the public domain in the United States because (i) the work did not comply with prior formalities (such as failing to renew the registration, provide proper notice, or comply with manufacturing requirements under prior law); (if) the work was not protected by U.S. copyright law in the case of sound recordings fixed before February 15, 1972; or (iii) of a lack of national eligibility (as discussed above generally]. 17 U.S.C. § 104A(h)(6)(C).

• Eligibility at time of creation or publication: At least one author or rightsholder of the work must have been (i] a national or domiciliary of an eligible country at the time of the work's creation, or (ii] if published, the work must have been first published in an eligible country and not published in the United States within the thirty-day period following the first publication. 17 U.S.C. § 104A(h)(6)(D).

• Sound recordings: If the source country for the work is an eligible country solely by virtue of its adherence to the WPPT, the restored work must be a sound recording. 17 U.S.C. § 104A(h)(6)(E).

January 1, 1996 is the effective date of restoration of copyright for works from countries that were members of the WTO or the Berne Convention on that date. Most restored works were restored on January 1, 1996, because many countries became members of the WTO or Berne Convention prior to that date. In all other cases, the effective date of restoration is the date a newly eligible country accedes to the WTO or the Berne Convention or the date of a Presidential proclamation restoring U.S. copyright protection to works of that country.

NOTE: Restored works are subject to a variety of other legal requirements regarding enforcement and remedies. These topics are beyond the scope of this Compendium, which provides information only on the registration procedures for restored works. For more information on restored works, see Circular 38(a), International Copyright Relations of the United States (www.copyright.gov/circs/circ38a.pdf).

2007.2 Registration Requirements for Restored Works

The Copyright Act protects restored works regardless of whether they are registered with the U.S. Copyright Office, although registration does provide various benefits, which are described in Chapter 200, Section 202. This Section provides general

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