or derivative work extends only to
the material contributed by the author of such work, as distinguished
from the preexisting material employed in the work, and does not imply
any exclusive right in the preexisting material. The copyright in such
work is independent of, and does not affect or enlarge the scope,
duration, ownership, or subsistence of, any copyright protection in the
preexisting material.

Section 104. Subject matter of copyright: National origin [27]

(a) Unpublished Works. 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while unpublished, are subject to protection under this title without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.
Whenever the President finds that a particular foreign nation extends,
to works by authors who are nationals or domiciliaries of the United
States or to works that are first published in the United States,
copyright protection on substantially the same basis as that on which
the foreign nation extends protection to works of its own nationals and
domiciliaries and works first published in that nation, the President
may by proclamation extend protection under this title to works of which
one or more of the authors is, on the date of first publication, a
national, domiciliary, or sovereign authority of that nation, or which
was first published in that nation. The President may revise, suspend,
or revoke any such pr