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7-5
Ch. 7
7.1.3
7.1.3
7.1.3
Authors and Proprietors(cont'd)
II.
Which author. The "author" whose citzenship (or domicile) is determinative in a particular case is the person who created the material covered by the copyright claim.
a.
In the case of a "new version," the citizenship (or domicile) of the author of the copyrightable new matter, rather than that of the author of an earlier version upon which the present work is based, is the deciding factor.
Examples:
(1)
A composition by a Russian composer, edited and arranged by an American citizen, may be registered on the basis of the new matter.
(2)
A translation of "Gone With The Wind" by a Russian citizen may not be registered (unless first published in a foreign U.C.C. country).
b
In the case of a work made for hire, the citizenship (or domicile) of the employer for hire is the deciding factor.
Examples:
(1)
Registration may be made for a work written by a Russian citizen as employee for hire of an American publisher.
(2)
Registration may be made for a periodical, the publisher of which is an American citizen, regardless of the citizenship of the various contributors, editors, etc.
(5-62)
