1100-12
1108
Authors: particular situations. (cont'd)
1108.10
First publication after death of author. Where a work is first published after the author's death, the Copyright Office will make registration if, at the time of death,the author's nationality or domicile would have conferred eligibility. In no case where a work is first published after the authors death can the nationality or domicile of the copyright claimant serve as the basis for eligibility.
1109
Time when eligibility is determined. Where eligibility must be based on the nationality or domicile of the author, it is the author's nationality or domicile and the status of the author's country on the date of first publication that are determinative. See section 1108.08, above, for an exception in the case of works first published after the death of the author.
1109.01
Registered as unpublished: ineligible when published. Even though a work may have been registered as unpublished, it must be eligible at the time of first publication to be registrable as a published work.
Example:
The author is a national and domiciliary of Iraq, a nation with which the United States has no copyright relations. The work is registered in unpublished form. If that work is later published in a non-UCC country, and the author's citizenship and domicile remain unchanged, registration of the claim in the published version should be refused.
1109.02
Change in nationality or domicile after publication. If a work was eligible for registration at the time of first publication on the basis of the author's nation ality or domicile, changes in nationality or domicile occurring after that time are not determinative for this purpose.
[1984]
