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have fallen into the pubhc domain as a result of the copyright owner's failure to fulfill the pre1 978 Act copyright formalities of proper copyright notice and copyright renewal The effective date of this Act is January I, 1996
Section 104 A of Title 17 of the United States Code was amended by this Act to provide that U.S. copyrights may be restored in an original work of authorship that is not in the public domain in its "source country" through expiration of term of protection and is in the public domain in the United States due to (i) noncompliance with formalities imposed at any time by United States copyright law, including failure of renewal, lack of proper notice, or failure to comply with any manufacturing requirements, (ii) lack of subject matter protection in the case of sound recordings fixed before February 15, 1972, or (iii) lack of national eligibility." A restored work's "source country" is defined as follows:
(A) a nation other than the United States;
(B) in the case of an unpublished work—
(i) the eligible country in which the author or rightholder is a national or domiciliary, or, if a restored work has more than 1 author or rightholder, the majority of foreign authors or right holders are nationals or domiciliaries of eligible countries, or
(ii) if the majority of authors or rightholders are not foreign, the national other than the United States which has the most significant contacts with the work, and
(C) in the case of a published work—
(i) the eligible country in which the work is first published, or (ii) if the restored work is published on the same day in 2 or more
eligible countries, the eligible country which as the most
significant contacts with the work *<'
Thus, works first published in the US., or published in the U.S. within 30 days of publication in an "eligible country," and works by U.S. nationals or domiciliaries (unless such works are jointly authored by at least one national or domiciliary of an "eligible country") are excluded from these provisions *'' "Eligible country" is defined as "a nation, other than the United States, that is a WTO member country, adheres to the Berne Convention, or is subject to a proclamation under 104 A (g)"** by the President that such foreign nation extends restored copyright protection reciprocally to works by authors who are nationals or domiciliaries of the United States "^
*'l7US.C.A. § 1()4A (h)(6) *6|7USCA S l()4A(h)(8). ^''nUSC.A § U)4A(h)(6)(D). **I7U.S.C.A. S IO-IA(h)(.-.) *'l7U.SCA. § l(UA(g).
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