The "Berne Convention" is the Convention for the Protection of Literary and
Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all
acts, protocols, and revisions thereto. 

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(1) in the case of an unpublished work, one or more of the authors is a national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; 

(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.
________________

The definition of the "Berne Convention" was added by the Act of October 31,
1988, Pub. L. 100-568, 102 Stat. 2853, 2854. 

U.S. Copyright Office
Library of Congress
101 Independence Ave. S.E.
Washington, D.C. 20559-6000

[email protected]
http://lcweb.loc.gov/copyright/title17/1-101.html
11/10/98

Also see: http://www.wipo.org/eng/general/copyrght/bern.htm

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