The work is within the scope of a presidential

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The work is within the scope of a presidential proclamation extending protection to works originating in a specified country which extends protection to US works on substantiality the same basis as to its own works oProtection of Works of Foreign Authors:US treat foreign authors very well No such thing as an international copyright Copyright is the production of domestic law US copyright lawprotects what goes on in the US (not abroad), meaning there is no extraterritorial effect The Universal Copyright Convention and the Berne Convention treaties do not provide direct copyright protection, they operate on the principle of “national treatment” meaning the treaties provide that a qualifying foreign work will receive protection which is equal or greater than the protection given to the signatory’s own work §104(a) gives retroactive protection for foreign authors and this is held to not violate the First Amendment of the constitution A company’s business model depends on the public domain nature of works would sell and reproduce copies of German novels in US (without paying royalties) because the work of theforeign author didn’t meet the copyright requirements (number of foreign works that fell into the public domain because formalities were not met) oRestoration of US Copyright Protection: Work automaticallyrestored if the following qualifications are met: Author is from a country that a copyright relationship with the US (i.e. member of the Berne convention, member of the Work Trade organization, Nation adhering to the WIPO Copyright Treaty or the WIPO Performances and Phonograms Treaty, or issubject to a US Presidential Proclamation) The foreign work fell into the US public domain because it failed to meet copyright formalities The work must not be in the public domain of the source country The work must have been published in an eligible country at least 30 days prior to any publication in the US Effective date of the restoration is January 1, 1996: On that date, restoration becomes automaticThe restored copyright will be automatically vested in the author of the restored work or in the initial right holder according to the law of the source country The copyright of the restored work can be immediately enforced upon the effective date Duration of copyright of the restored work: the duration is determinedby looking at the remainder of the copyright protection that the work would have had in the US, but for the loss of the US copyright protection i.e. if it had been properly copyrighted without having theneed to restore
Special “Reliance Party” Defense: Party must have used the restored work before and after January 1, 1996Party must have made or acquired copies of the Restored Work before January 1, 1996 Party must have bought or acquired at any time an interest in a derivative work based upon the Restored Work

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