Talk:United States Code/Title 17/Chapter 1/Section 104

Related text

I have removed a large quantity of unformatted text from the end of this page, as is does not form part of the section as such. Apart from the sections below (which I have formatted), there was also the text of the Paris Act (1971) of the Universal Copyright Convention, a table presenting the international copyright relations of the United States as of 2004 (probably not public domain, as it differs from the 2003 version produced by the U.S. Copyright Office: neither is up to date!), and the text of Proclamation 3792 (formatted and uploaded). None of these texts are sourced, but they appear to come from a legal database. I have verified the text of § 104 and the details of amendments below against the U.S. Copyright Office edition of Title 17. Physchim62 12:16, 25 October 2006 (UTC)

Source

• Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2545;
• Pub. L. 100-568, Sec. 4(a)(2), (3), Oct. 31, 1988, 102 Stat. 2855;
• Pub. L. 105-304, title I, Sec. 102(b), Oct. 28, 1998, 112 Stat. 2862.

Historical and revision notes

House Report No. 94-1476

Section 104 of the bill [this section], which sets forth the basic criteria under which works of foreign origin can be protected under the U.S. copyright law, divides all works coming within the scope of sections 102 and 103 into two categories: unpublished and published. Subsection (a) imposes no qualifications of nationality and domicile with respect to unpublished works. Subsection (b) would make published works subject to protection under any one of four conditions:

(1) The author is a national or domiciliary of the United States or of a country with which the United States has copyright relations under a treaty, or is a stateless person;

(2) The work is first published in the United States or in a country that is a party to the Universal Copyright Convention;

(3) The work is first published by the United Nations, by any of its specialized agencies, or by the Organization of American States; or

(4) The work is covered by a Presidential proclamation extending protection to works originating in a specified country which extends protection to U.S. works "on substantially the same basis" as to its own works.

The third of these conditions represents a treaty obligation of the United States. Under the Second Protocol of the Universal Copyright Convention, protection under U.S. Copyright law is expressly required for works published by the United Nations, by U.N. specialized agencies and by the Organization of American States.

Amendments

• 1998
  • Subsec. (b). Pub. L. 105-304, Sec. 102(b)(1)(G), inserted concluding provisions.
  • Subsec. (b)(1). Pub. L. 105-304, Sec. 102(b)(1)(A), substituted "treaty party" for "foreign nation that is a party to a copyright treaty to which the United States is also a party".
  • Subsec. (b)(2). Pub. L. 105-304, Sec. 102(b)(1)(B), substituted "treaty party" for "party to the Universal Copyright Convention".
  • Subsec. (b)(3). Pub. L. 105-304, Sec. 102(b)(1)(E), added par. (3). Former par. (3) redesignated (5).
  • Subsec. (b)(4). Pub. L. 105-304, Sec. 102(b)(1)(F), substituted "pictorial, graphic, or sculptural work that is incorporated in a building or other structure, or an architectural work that is embodied in a building and the building or structure is located in the United States or a treaty party" for "Berne Convention work".
  • Subsec. (b)(5), (6). Pub. L. 105-304, Sec. 102(b)(1)(C), (D), redesignated par. (3) as (5) and transferred it to appear after par. (4) and redesignated former par. (5) as (6).
  • Subsec. (d). Pub. L. 105-304, Sec. 102(b)(2), added subsec. (d).
• 1988
  • Subsec. (b)(4), (5). Pub. L. 100-568, Sec. 4(a)(2), added par. (4) and redesignated former par. (4) as (5).
  • Subsec. (c). Pub. L. 100-568, Sec. 4(a)(3), added subsec. (c).

Effective date of 1998 amendment

Amendment by section 102(b)(1) of Pub. L. 105-304 effective Oct. 28, 1998, except as otherwise provided, and amendment by section 102(b)(2) of Pub. L. 105-304 effective May 20, 2002, see section 105(a), (b)(2)(C) of Pub. L. 105-304, set out as a note under section 101 of this title.

Effective date of 1988 amendment

Amendment by Pub. L. 100-568 effective Mar. 1, 1989, with any cause of action arising under this title before such date being governed by provisions in effect when cause of action arose, see section 13 of Pub. L. 100-568, set out as a note under section 101 of this title.