§ 103. Subject matter of copyright: Compilations and derivative works
| (a) | The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully. |
| (b) | The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. 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. |
§ 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| (a) | Unpublished Works.—The works specified by sections 102 and 103, while unpublished, are subject to protection under this title without regard to the nationality or domicile of the author.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 sections 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 publications, 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. The President may revise, suspend, or revoke any such proclamation or impose any conditions or limitations on protection under a proclamation. |
§ 105. Subject matter of copyright: United States Government works
| Copyright protection under this title is not available for any work of the United States Government, but the United States Government |
