Copyright Compendium

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Chapter 2400

2003.2 (F) Eligibility Based on Presidential Proclamations

2003.2 (F) Eligibility Based on Presidential Proclamations


Section 104 (B) (6) of the Copyright Act protects works that come within the scope of Presidential proclamations. This means that, in addition to the categories listed in Sections 2003.2 (A) through 2003.2 (E), a work may be eligible for protection in the United States if the President finds that a particular foreign nation extends copyright protection to works by nationals or domiciliaries of the United States or works that are first published in the United States “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.” 17 U.S.C. § 104 (B) (6). In such cases, the President may issue a proclamation that extends copyright protection “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 [foreign] nation, or which was first published in that nation.” Id. The President may revise, suspend, or revoke any such proclamation or impose any conditions or limitations on protection under a proclamation.

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