Foreign Authors And Their Rights To Gain Copyright Protection

Under the Copyright Act, nationals and domicilaries of foreign nations can protect their works in the United States. However, certain conditions must be met under 17 U.S.C. Section 104. The need for uniformity and recirporcity of copyright law has prompted the need for the recognition of other countries’ regulations and rules so that other countries recognize U.S. copyright holders.

The following questions have been addressed in this article:

What if the foreign author is not a domiciliary at the date of publication?
What about the potential for non-discriminatory protection under U.S. law?
What about if the work is under the Berne Convention?
What about the availability of a Presidential proclamation?


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