Ch. 8
8.1.3
8.1.3
8-6
8.1.2
Copyrightability of works first published abroad.(cont'd)
I.
Publication in a U.C.C. country.(cont'd)
Example:
A. work by a Russian citizen, domiciled in the U.S.S.R., is copyrightable if first published in France.
II.
Ad interim copyright. Ad interim copyright is not available for books and periodicals first published in the United States. (See Part 8.4.)
8.1.3
Effect of first publication abroad.
I.
General rule. As a rule, copyright in the United States is secured by the act of publication, and endures for a term computed from the date Of first publication, whether the work was first published in the United States or abroad.
II.
Exceptions.
a.
Unpublished registration. Copyright in a work first registered in unpublished form is secured by the act of registration in this Office, and endures for a term computed from the date of registration.
1.
The requirements for unpublished registration are the same for works by foreign authors as they are for works by U.S. citizens and domiciliaries. Exception: musical compositions by foreign authors are registered on Form E Foreign, rather than on Form E. (See Chapters 5, 7, and 9.)
2.
When a work originally registered in unpublished form is first published, in the United States or abroad, no new copyright is secured in the material for, which unpublished registration had been made earlier; the term or scope of protection for that material is not extended by publication or by registration for the published edition.
3.
When a work originally registered in unpublished form is published, either.in the United States or abroad, it is necessary to make another registration to cover the published version. Exception: Registration for
the published version is not required for foreign works protected under the U.C.C. and first published abroad with the copyright notice specified in § 9(c). (See topic 8.3.1.11.)b.
Ad interim.registration. In the case of books and periodicals subject to the manufacturing requirements (see Chap. 6), ad interim copyright is secured by ad interim registration within six months of first publication abroad. (See Part 8.4.)
