GlossaryGuide

“For purposes of section 411 [of the 1976 Act], a work is a ‘United States work’ only if—

1. in the case of a published work, the work is first published—
   (A) in the United States;
   (B) simultaneously in the United States and another treaty party or parties, whose law grants a term of copyright protection that is the same as or longer than the term provided in the United States;
   (C) simultaneously in the United States and a foreign nation that is not a treaty party; or
   (D) in a foreign nation that is not a treaty party, and all of the authors of the work are nationals, domiciliaries, or habitual residents of, or in the case of an audiovisual work legal entities with headquarters in, the United States;
2. in the case of an unpublished work, all the authors of the work are nationals, domiciliaries, or habitual residents of the United States, or, in the case of an unpublished audiovisual work, all the authors are legal entities with headquarters in the United States; or
3. in the case of a pictorial, graphic, or sculptural work incorporated in a building or structure, the building or structure is located in the United States.”