Page:United States Statutes at Large Volume 90 Part 2.djvu/1077

 PUBLIC LAW 94-553—OCT. 19, 1976

9 0 STAT. 2 5 4 5

sion, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. W o r k s of authorship include the following categories: (1) literary works; (2) musical works, including any accompanying w o r d s; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; ^5) pictorial, graphic, and sculptural w o r k s; (6) motion pictures and other audiovisual works; and (7) sound recordings. (b) I n no case does copyright protection for a n original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. § 103. Subject matter of copyright: Compilations and derivative works (a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully. (b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive r i g h t in the preexisting material. The copyr i g h t in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material. § 104. Subject matter of copyright: National origin (a) U N P U B L I S H E D W O R K S. — The works specified by sections 102 and

103, while unpublished, are subject to protection under this title without regard to the nationality or domicile of the author. (b) P U B L I S H E D W O R K S. — The works specified by sections 102 and

103, when published, are subject to protection under this title if— (1) on the date of first publication, one or more of the authors is a national or domiciliary of the United States, or is a national, domiciliary, or sovereign authority of a foreign nation that is a party to a copyright treaty to which the United States is also a party, o r is a stateless person, wherever that person may b e domiciled; or (2) the work is first published in the United States or in a foreign nation that, on the date of first publication, is a party to the Universal Copyright Convention; or (3) the work is first published by the United Nations or any of its specialized agencies, or by the Organization of American States; or (4) the work comes within the scope of a Presidential proclamation. Whenever the President finds that a particular foreign nation extends, to works by authors who are nationals or domiciliaries of the United States or to works that are first published in the United States, copyright protection 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 i n that nation, the President may by proclamation extend protection under this title to works of which one or more

Works of authorship. "

17 USC 103.

17 USC 104.

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