Page:Compendium of US Copyright Office Practices, II (1984).pdf/263

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

Chapter 1100

ELIGIBILITY

1101
Applicability of this chapter. This chapter concerns the registrability of works under the provisions of the copyright law relating to national origin. This chapter is applicable to unpublished works, whenever created, and to works published on or after January 1, 1978. Compendium I should be consulted for an explana­tion of practices concerning eligibility for works, other than sound recordings, published before January 1, 1978.
1101.01
Sound recordings. In general, this chapter applies to sound recordings as well as to other works. However, sound recordings whose eligibility for u.s. copyright protection depends solely upon the provisions of the Universal Copyright Convention (UCC) are not registrable. Regarding the DCC, see sections 1102.09 and 1104.03 below.
1102
Definitions. The following are definitions of terms used in this chapter.
1102.01
Author. The "author" is the person who prepared the material covered by the copy­right claim except that in the case of a work made for hire, the employer or other person for whom the work was prepared, is considered to be the author. Thus, where a work is made for hire, it is the nation­ality or domicile of the employer or other person for whom the work was prepared, rather than the nationality or domicile of the employee, which may serve as a basis for determining eligibility for registration.
1102.02
Domicile. "Domicile" is the place where a person has a fixed and permanent residence with an intention to continue that residence for an unlimited time and to which such person, whenever absent, has the intention of returning. Mere residence is not the equivalent of "domicile," and therefore cannot serve as a basis for determining eligibility.

1100-1

[1984]