• Works published in works other than books (periodicals, dramas, musical compositions).
NOTE: A book or periodical in a foreign language by a U.S. author had to be manufactured in the United States. If manufactured abroad, it could not be registered for full-term or ad interim copyright during the original term, and is not eligible for renewal registration.
Exceptions: A work by a foreign author who was domiciled in the United States at the time of manufacture and first publication abroad is not considered to be a work of foreign origin. If the work is partly in English and partly in a foreign language and it qualifies as a U.C.C. work, renewal registration may be possible. If the languages are evenly balanced renewal registration should be made under the rule of doubt. For situations when renewal registration may be possible for foreign works even when they were subject to the manufacturing clause at the time of publication, but failed to comply, see Section 2115.2(F).
2124.2 Effect of the Manufacturing Clause on Copyright Term
If such works did not comply fully with the manufacturing clause at the time of first publication, copyright was lost upon publication unless, in the case of an English language nondramatic literary work (including periodicals), ad interim copyright was secured. For such works, if ad interim copyright was secured and a U.S. edition was published and registered before ad interim copyright expired, copyright was extended to the full original term of twenty-eight years. If a U.S. edition was not published before ad interim copyright expired, copyright was lost at the expiration of ad interim copyright. In such cases renewal registration is not possible.
Exception: If a work was manufactured and published in the United States with the statutory copyright notice prior to the expiration of ad interim copyright, but the U.S. edition was not registered for the original term before ad interim copyright expired, renewal registration may be possible for both editions under the rule of doubt.
2124.3 Manufacturing Requirements
To comply with the manufacturing clause, all text had to be typeset and printed from plates made within the United States, or produced by lithographic or photoengraving processes wholly performed within the United States. If a book was first printed from type set abroad and the pages printed abroad were then reproduced in the United States by offset or other lithographic process, such reproduction may be considered to comply fully with the requirement. All binding processes, if any, had to be performed in the United States.
All illustrations and photographs within such works, as well as separate lithographs or photoengravings (aside from when the subjects represented are located abroad and illustrate a scientific work or reproduce an artistic work) reproduced by lithographic or photoengraving processes had to be wholly manufactured in the United States.
Chapter 2100 : 61
12/22/2014
