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Chapter 7. CITIZENSHIP AND DOMICILE OF THE AUTHOR

Part 7.1 IN GENERAL

7.1.1

Statutory Provisions

I.

U. S. Authors. A work by a citizen of the U. S. may be eligible for registration, even if the author permanently resides abroad and the work was first published abroad. (But see Ch. 6.2.1, III. b. 3 concerning books and periodicals by U. S. authors in a foreign language manufactured abroad.)

II.

Foreign Authors. In general, a work by an author who is not a citizen of the U. S. is subject to copyright only under one of the following condi­tions:

a.

If the author was domiciled in the U. S. on the date of first publication of the work (17 U.S.C. §9(a)));

b.

If the country of which the author is a citizen shares reciprocal or multilateral copyright relations with the U. S. (17 U.S.C. §§9(b) and 9(c))--that is:

1.

If the author 1s a citizen of a "pro­claimed country" (one with which the U. S. has copyright relations as determined by a Presidential proclamation) or

2.

If the author is a citizen of a country which is a party to the Universal Copy­right Convention, the Buenos Aires Conven­tion of 1910, or the Mexico City Convention of 1902. (See item 7.2.1.II.b. concerning a work whose author 1s a citizen of a coun­try with which the U. S. has copyright re­lations only through the U.C.C. and that is first published in the U. S.)

c.

If the work was first published in a country (other than the U. S.) which is a party to the U.C.C. (17 U.S.C. §9(c));

d.

If the author is stateless.

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