The
copyright in such work is independent of, and does not affect or enlarge
the scope, duration, ownership, or subsistence of, any copyright
protection in the preexisting material.
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(a) Unpublished Works.--The works specified by sections 102 and
103, while unpublished, are subject to protection under this title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.
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