• First publication between 1964 and 1977.
NOTE: For information about renewal registration for the first published edition of a work registered as an unpublished work between 1964 and 1977, see Section 2115.3(E).
• First publication with the statutory 2 or U.C.C. notice, with all copies or phonorecords distributed in the United States until March 1, 1989 bearing an acceptable copyright notice. 3
• The author's nationality and place of domicile at the time of first publication.
• The place of first publication.
NOTE: Generally eligibility under the Copyright Act of 1909 is based on the nationality and domicile of the author at the time, rather than the place, of first publication. In certain cases, however, the place of publication may be the deciding factor, for example, when the work (or the larger work) was:
• First published in the United States and it was subject to the manufacturing clause; or
• Created by an author, other than a U.S. author, and first published in a U.C.C. country; or
• Published simultaneously in the United States.
• The manufacturing clause.
• Registrability of subject matter. While Section 4 of the Copyright Act of 1909 stated that copyright may be secured for "all the writings of an author," not all works were registrable. Copyright Act of 1909, Pub. L. No. 60-349, § 4, 35 Stat. 1075, 1076
2 For information concerning notice requirements for works published before 1978, see 37 CFR 202.2.
3 For information concerning notice requirements for works first published between January 1, 1978 and March 1, 1989, see Circular 3, Copyright Notice.
Chapter 2100 : 15
12/22/2014
