2) a still photographic image produced for exhibition purposes only,
existing in a single copy that is signed by the author, or in a limited
edition of 200 copies or fewer that are signed and consecutively
numbered by the author.

A work of visual art does not include-

(A)(i) any poster, map, globe, chart, technical drawing, diagram, model,
applied art, motion picture or other audiovisual work, book, magazine,
newspaper, periodical, data base, electronic information service,
electronic publication, or similar publication;

(ii) any merchandising item or advertising, promotional, descriptive,
covering, or packaging material or container;

(iii) any portion or part of any item described in clause (i) or (ii);

(B) any work made for hire; or

(C) any work not subject to copyright protection under this title. [22]

A "work of the United States Government" is a work prepared by an
officer or employee of the United States Government as part of that
person's official duties.

A "work made for hire" is-

(1) a work prepared by an employee within the scope of his or her
employment; or

(2) a work specially ordered or commissioned for use as a contribution
to a collective work, as a part of a motion picture or other audiovisual
work, as a translation, as a supplementary work, as a compilation, as an
instructional text, as a test, as answer material for a test, or as an
atlas, if the parties expressly agree in a written instrument signed by
them that the work shall be considered a work made for hire. 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
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