For purposes of section 411, 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(2) in the case of an unpublished work, all the authors of the work are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or, in the case of an unpublished audiovisual work, all the authors are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.
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