For the
purpose of the foregoing sentence, a "supplementary work" is a work
prepared for publication as a secondary adjunct to a work by another
author for the purpose of introducing, concluding, illustrating,
explaining, revising, commenting upon, or assisting in the use of the
other work, such as forewords, afterwords, pictorial illustrations,
maps, charts, tables, editorial notes, musical arrangements, answer
material for tests, bibliographies, appendixes, and indexes, and an
"instructional text" is a literary, pictorial, or graphic work prepared
for publication and with the purpose of use in systematic instructional
activities.
In determining whether any work is eligible to be considered a work made
for hire under paragraph (2), neither the amendment contained in section
1011(d) of the Intellectual Property and Communications Omnibus Reform
Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-113, nor
the deletion of the words added by that amendment--
(A) shall be considered or otherwise given any legal significance, or
(B) shall be interpreted to indicate congressional approval or
disapproval of, or acquiescence in, any judicial determination,
by the courts or the Copyright Office.
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