Page:Copyright Office Compendium 3rd Edition - Full.djvu/1238

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Compendium of U.S. Copyright Office Practices, Third Edition

Treaty party: "A 'treaty party' is a country or intergovernmental organization other than the United States that is a party to an international agreement." 17 U.S.C. § 101.

Unclaimable material: For purposes of copyright registration, "unclaimable material" includes (i) previously published material; (ii) previously registered material; [iii] material that is in the public domain; and/or (iv) copyrightable material that is not owned by the claimant named in the application. If a work contains an appreciable amount of unclaimable material, the applicant should exclude that material from the claim.

United States work: "For purposes of section 411 [of the 1976 Act], a work is a 'United States work' only if —

1. in the case of a published work, the work is first published —

(A) in the United States;

(B) simultaneously in the United States and another treaty party or parties, whose law grants a term of copyright protection that is the same as or longer than the term provided in the United States;

(C) simultaneously in the United States and a foreign nation that is not a treaty party; or

(D) in a foreign nation that is not a treaty party, and all of the authors of the work are nationals, domiciliaries, or habitual residents of, or in the case of an audiovisual work legal entities with headquarters in, the United States;

2. in the case of an unpublished work, all the authors of the work are nationals, domiciliaries, or habitual residents of the United States, or, in the case of an unpublished audiovisual work, all the authors are legal entities with headquarters in the United States; or

3. in the case of a pictorial, graphic, or sculptural work incorporated in a building or structure, the building or structure is located in the United States."

17 U.S.C. § 101.

Unit of publication: A registration accommodation by the U.S. Copyright Office for registering multiple works with one application, one filing fee, and one set of deposit copies where the works are physically bundled together by the claimant for distribution to the public as a single, integrated unit and all the works are first published in that integrated unit.

Unpublished: See "unpublished work."

Unpublished collection: A registration accommodation by the U.S. Copyright Office for registering a number of unpublished works with one application, one filing fee, and one set of deposit copies.

Glossary : 19

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Chapter _00 : 19
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