The works specified by sections 102 and 103,
while unpublished, are subject to protection under this title without
regard to the nationality or domicile of the author.
(b) Published Works. The works specified by sections 102 and 103, when
published, are subject to protection under this title if-
(1) on the date of first publication, one or more of the authors is a
national or domiciliary of the United States, or is a national,
domiciliary, or sovereign authority of a treaty party, or is a stateless
person, wherever that person may be domiciled; or
(2) the work is first published in the United States or in a foreign
nation that, on the date of first publication, is a treaty party; or
(3) the work is a sound recording that was first fixed in a treaty
party; or
(4) the work is a pictorial, graphic, or sculptural work that is
incorporated in a building or other structure, or an architectural work
that is embodied in a building and the building or structure is located
in the United States or a treaty party; or
(5) the work is first published by the United Nations or any of its
specialized agencies, or by the Organization of American States; or
(6) the work comes within the scope of a Presidential proclamation.
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