Copyright Compendium

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Chapter 2400

2003.2 (B) Eligibility Based on Location of First Publication

2003.2 (B) Eligibility Based on Location of First Publication


Section 104 (B) (2) of the Copyright Act affords protection to all works that are first published in (I) the United States, or (ii) a foreign nation that, on the date of the first publication, is a treaty party. In other words, regardless of the nationality or domicile of the author(s), a work may be eligible for protection under the Copyright Act if it is first published in the United States or in any nation that has a relevant treaty with the United States at the time of the first publication. For more information on which countries are treaty partners, see Section 2004.


NOTE: There is an exception to this rule. A work that was first published in a foreign nation that has not entered into a treaty with the United States may be eligible for protection in this country if the work was published within thirty days thereafter in the United States or in a foreign nation that is a treaty party. This exception was added to the Copyright Act effective October 28, 1998, and it applies to any work that was first published on or after September 28, 1998. See Digital Millennium Copyright Act, Section 102, 112 Stat. 2860, 2862 (1998) (codified at 17 U.S.C. § 104 (B)).