The
WIPO Copyright and Performances and Phonograms Treaties Implementation Act of
1998 deleted the definition of “Berne Convention work” from section
101.1 Pub. L. No. 105-304, 112 Stat. 2861. The
definition of Berne Convention work, as deleted, is as follows:
A
work is a “Berne Convention work” if —
(1)
in the case of an unpublished work, one or more of the authors is a national of
a nation adhering to the Berne Convention, or in the case of a published work,
one or more of the authors is a national of a nation adhering to the Berne Convention
on the date of first publication;
(2) the work was first
published in a nation adhering to the Berne Convention, or was simultaneously
first published in a nation adhering to the Berne convention and in a foreign
nation that does not adhere to the Berne Convention;
(3)
in the case of an audiovisual work —
(A) if one or more
of the authors is a legal entity, that author has its headquarters in a nation
adhering to the Berne Convention; or
(B) if one or more
of the authors is an individual, that author is domiciled, or has his or her habitual
residence in, a nation adhering to the Berne Convention; or
(4)
in the case of a pictorial, graphic, or sculptural work that is incorporated in
a building or other structure, the building or structure is located in a nation
adhering to the Berne Convention; or
(5) in the case
of an architectural work embodied in a building, such building is erected in a
country adhering to the Berne Convention.
For purposes of paragraph
(1), an author who is domiciled in or has his or her habitual residence in, a
nation adhering to the Berne Convention is considered to be a national of that
nation. For purposes of paragraph (2), a work is considered to have been simultaneously
published in two or more nations if its dates of publication are within 30 days
of one another.
