Section 104. Subject matter of copyright: National origin.

(a) Unpublished Works.--The works specified by sections 102 and 103,

while unpublished, are subject to protection under this title without

regard to the nationality or domicile of the author.

(b) Published Works.--The works specified by section 102 and 103, when

published, are subject to protection under this title if--

(1) on the date of first publication, one or more of the authors is a

national or domiciliary of the United States, or is a national,

domiciliary, or sovereign authority of a foreign nation that is a party

to a copyright treaty to which the United States is also a party, or is

a stateless person, wherever that person may be domiciled; or

(2) the work is first published in the United States or in a foreign

nation that, on the date of first publication, is a party to the

Universal Copyright Convention; or

(3) the work is first published by the United Nations or any of its

specialized agencies, or by the Organization of American States; or

(4) the work comes within the scope of a Presidential proclamation.

Whenever the President finds that a particular foreign nation extends,

to works by authors who are nationals or domiciliaries of the United

States or to works that are first published in the United States,

copyright protection on substantially the same basis as that on which

the foreign nation extends protection to works of its own nationals and

domiciliaries and works first published in that nation, the President

may by proclamation extend protection under this title to works of

which one or more of the authors is, on the date of first publication,

a national, domiciliary, or sovereign authority of that nation, or

which was first published in that nation. The President may revise,

suspend, or revoke any such proclamation or impose any conditions or

limitations on protection under a proclamation.

Copyright Law of the United States of America Contained in Title 17 of the United States Code · 第 4 / 18 章