Compendium of U.S. Copyright Practices, 3rd Edition

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2124.1 Classes of Works Subject to the Manufacturing Clause


2124.1 Classes of Works Subject to the Manufacturing Clause


The following works are subject to the manufacturing clause:


• All published nondramatic literary works (books and periodicals) except the following:


• Works exempt as U.C.C. works.


• Works with raised characters intended for the use of the blind.


• Works printed or produced in the United States by processes not covered by the manufacturing clause. Copyright Act of 1909, amended by Pub. L. No. 69-464, § 15, 44 Stat. 1075 (1926).27


• Works in a foreign language by a foreign author first published abroad.


• Works in English, first published abroad with the statutory copyright notice, and with ad interim copyright secured, during the term of which copies were manufactured in the United States.


• Lithographs and photoengravings, either as illustrations in books or as separate works such as two-dimensional prints and labels except the following:


• Works exempt as U.C.C. works.


• Works that represent a subject located abroad and illustrate a scientific work or reproduce a work of art.


• 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. 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).


27 “Whether a … book which is mimeographed, typewritten, or produced by a similar process of manual duplication is required to be so produced in the U.S. is regarded as doubtful.” COMPENDIUM (FIRST) § 6.2.1.I.c (1st ed. 1973).


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