Foreign Works: Eligibility and GATT Registration

 
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 Chapter 2000 
Foreign Works: Eligibility and  
GATT
 Registration 
     
What This Chapter Covers .............................................................................................................................................. 3 
Foreign Works .................................................................................................................................................................... 3 
1  What Is a Foreign Work?................................................................................................................................................. 3 
2   Treatment of Foreign Works ......................................................................................................................................... 4 
Eligibility Requirements: How to Determine if a Foreign Work Is Eligible for Registration  
with the U.S. Copyright Office ....................................................................................................................................... 4 
1  Unpublished Works .......................................................................................................................................................... 4 
2  Published Works ................................................................................................................................................................ 4 
2(A)  Eligibility Based on Nationality or Domicile ........................................................................................................... 5 
2(B)  Eligibility Based on Location of First Publication ................................................................................................. 5 
2(C)  Eligibility for Sound Recordings .................................................................................................................................. 6 
2(D)  Eligibility Based on Incorporation into Buildings or Other Structures ........................................................ 6 
2(E)  Eligibility of Works Published by the United Nations or the Organization of American States .......... 6 
2(F)   Eligibility Based on Presidential Proclamations .................................................................................................... 6 
 Treaties and Presidential Proclamations ................................................................................................................. 6 
1  Multilateral Treaties ......................................................................................................................................................... 7 
2   Bilateral Copyright Treaties and Presidential Proclamations .......................................................................... 8 
Registration Issues ............................................................................................................................................................ 8 
1  Multiple Authors of a Foreign Work ........................................................................................................................... 8 
2  Authors with Multiple Nationalities ........................................................................................................................... 9 
3  Domicile or First Publication in the Territorial Areas of the United States ................................................ 9 
4  Stateless Persons ............................................................................................................................................................... 9 
5  Works Made for Hire ........................................................................................................................................................ 9 
5(A)  Nationality and Domicile of Corporations and Similar Organizations .......................................................... 9 
5(B)  Members ............................................................................................................................................................................... 9 
5(C)  Doing Business................................................................................................................................................................. 10 

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6  Anonymous and Pseudonymous Works ................................................................................................................ 10 
7  Compilations and Derivative Works ....................................................................................................................... 10 
8  When Is Eligibility Determined? ............................................................................................................................... 10 
8(A)  Works Initially Registered as Unpublished, but Ineligible for Registration as Published Works ... 10 
8(B)  Change in Nationality or Domicile after Publication ......................................................................................... 10 
9  Eligibility Unclear ........................................................................................................................................................... 10 
Application Tips for Foreign Works ........................................................................................................................ 11 
 Restored Works ............................................................................................................................................................... 11 
1   What Is a Restored Work? ........................................................................................................................................... 11 
2  Registration Requirements for Restored Works ................................................................................................ 13 
2(A)  Form GATT ........................................................................................................................................................................ 13 
2(A)(1)  Who May File Form GATT? ......................................................................................................................................... 13 
2(A)(2)  Author of a Restored Work ......................................................................................................................................... 14 
2(A)(3)  Publication of a Restored Work ................................................................................................................................ 14 
2(A)(4)  Owner of U.S. Copyright in a Restored Work ....................................................................................................... 14 
2(B)  Filing Fees .......................................................................................................................................................................... 14 
2(C)   Deposit Requirements ................................................................................................................................................. 14 
 

 
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  2001  What This Chapter Covers 
This Chapter explains when authors of foreign works may apply to register their works 
with the U.S. Copyright Office. This Chapter applies to unpublished works regardless of 
when they were created, and to published works that were first published on or after 
January 1, 1978.  
This Chapter also discusses Form GATT, which may be used to register a restored work 
that is eligible for copyright protection under the Uruguay Round Agreements Act. 
Restored works comprise a small subset of foreign works, and applicants must use Form 
GATT to register these types of works with the Office. 
•  For a general overview of the registration process, see Chapter 200. 
•  For a discussion of copyrightable subject matter, see Chapter 300.  
•  For guidance in determining who may file the application and who may be named as 
the copyright claimant, see Chapter 400. 
•  For guidance in identifying the work that will be submitted for registration, see 
Chapter 500. 
•  For instructions on completing the online application or a paper application (other 
than an application submitted on Form GATT), see Chapter 600. 
•  For guidance on the filing fee, see Chapter 1400. 
•  For guidance on submitting the deposit copy(ies), see Chapter 1500. 
•  For guidance on publication, see Chapter 1900. 
  2002  Foreign Works 
  2002.1  What Is a Foreign Work? 
For purposes of copyright registration, the term “foreign works” generally refers to 
works created by author(s) who are not U.S. citizens or U.S. nationals and/or works that 
were first published abroad. Generally, the author is the person or persons who actually 
created the material that the applicant intends to register. There is an exception to this 
rule if the work is a work made for hire. For a definition and discussion of works made 
for hire, see Chapter 500, Section 506. 

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U.S. citizens are people who are citizens in accordance with the U.S. Constitution or 
federal statutes, including (i) people born in Guam, the U.S. Virgin Islands, and Puerto 
Rico; and (ii) certain people who are by federal statute nationals, but not citizens of the 
United States, including people born in the outlying possessions of the United States. All 
U.S. citizens are also U.S. nationals. Works by U.S. citizens and nationals are not 
considered foreign works, and generally they are eligible for U.S. copyright protection. 
The types of works that may be protected under the Copyright Act include literary 
works; musical works, including any accompanying words; dramatic works, including 
any accompanying music; pantomimes and choreographic works; pictorial, graphic, and 
sculptural works; motion pictures and other audiovisual works; sound recordings; and 
architectural works; as well as derivative works, compilations, and collective works. For 
a definition and discussion of these types of works, see Chapter 500, Sections 507 
(Derivative Works), 508 (Compilations), and 509 (Collective Works), and Chapters 700 
(Literary Works), 800 (Works of the Performing Arts), and 900 (Visual Art Works). 
  2002.2   Treatment of Foreign Works 
In the vast majority of cases, a foreign work may be registered with the U.S. Copyright 
Office if it satisfies the eligibility requirements discussed in Section 2003. However, this 
does not mean that foreign works are treated exactly the same as domestic works. U.S. 
law applies whenever a United States work or a foreign work is involved in a copyright 
infringement lawsuit in this country. Before the copyright owner can file a lawsuit 
involving an infringement of a U.S. work, the work must be registered with the Office or 
the Office must issue a refusal to register that work. In addition, U.S. works must be 
registered in a timely manner to seek statutory damages and attorney’s fees. By 
contrast, foreign works do not need to be registered (or refused registration) in order to 
file an infringement lawsuit in the United States, though they must be registered in a 
timely manner to seek statutory damages and attorney’s fees. 
  2003  Eligibility Requirements: How to Determine if a Foreign Work Is   
Eligible for Registration with the U.S. Copyright Office 
Section 104 of the Copyright Act sets forth the categories of foreign works that are 
eligible for copyright protection under U.S. law. This Section describes each of these 
categories. 
  2003.1  Unpublished Works  
All unpublished foreign works are eligible for registration with the U.S. Copyright Office. 
17 U.S.C. § 104(a). For a detailed explanation of when a work is considered published, 
see Chapter 1900. 
  2003.2  Published Works 
Works first published in a foreign country are eligible for registration with the U.S. 
Copyright Office if they satisfy one or more of the conditions described in Sections 
2003.2(A) through 2003.2(F).   

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  2003.2(A)  Eligibility Based on Nationality or Domicile 
Section 104(b)(1) of the Copyright Act protects foreign works if, upon the work’s first 
publication, one or more author(s) of the work (i) is a national or domiciliary of the 
United States; (ii) is a national, domiciliary, or sovereign authority of a treaty party; or 
(iii) is a stateless person wherever that person is domiciled.  
A “sovereign authority” is a governmental agency or subdivision of a foreign nation, 
such as a ministry of the government of Norway or a province of Canada. A “stateless 
person” is a person who has no nationality, either as the result of never having acquired 
nationality in any nation, or as the result of having effectively renounced or having been 
deprived of his or her former nationality without having, as yet, become a national of 
another nation. 
Chapter 1900 generally discusses the concept of when a work is published. The concept 
of “first publication” is further defined in Section 104(b) of the Copyright Act, which 
explains that “a work that is published in the United States or a treaty party within 
thirty days after publication in a foreign nation that is not a treaty party shall be 
considered to be first published in the United States or such treaty party, as the case 
may be.” 
This means that a foreign work may be eligible for copyright protection in a wide variety 
of cases. Aside from U.S. nationals and domiciliaries, authors who are nationals or 
domiciliaries of any treaty party at the time of first publication can obtain U.S. 
protection for a foreign work. As discussed in Section 2004, the United States has 
entered into treaty relations with all but a handful of countries, meaning that the 
majority of foreign works will be eligible for protection under Section 104(b) of the 
Copyright Act. 
  2003.2(B)  Eligibility Based on Location of First Publication 
Section 104(b)(2) of the Copyright Act affords protection to all works that are first 
published in (i) the United States, or (ii) a foreign nation that, on the date of the first 
publication, is a treaty party. In other words, regardless of the nationality or domicile of 
the author(s), a work may be eligible for protection under the Copyright Act if it is first 
published in the United States or in any nation that has a relevant treaty with the United 
States at the time of the first publication. For more information on which countries are 
treaty partners, see Section 2004. 
N O T E :  There is an exception to this rule. A work that was first published in a foreign 
nation that has not entered into a treaty with the United States may be eligible for 
protection in this country if the work was published within thirty days thereafter in the 
United States or in a foreign nation that is a treaty party. This exception was added to 
the Copyright Act effective October 28, 1998, and it applies to any work that was first 
published on or after September 28, 1998. See Digital Millennium Copyright Act, Section 
102, 112 Stat. 2860, 2862 (1998) (codified at 17 U.S.C. § 104(b)).  

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  2003.2(C)  Eligibility for Sound Recordings 
Section 104(b)(3) of the Copyright Act protects sound recordings that were first “fixed” 
in a foreign country that is a treaty party. Specifically, the law protects sound recordings 
that are embodied in phonorecords that are sufficiently permanent or stable to permit 
the work to be perceived, reproduced, or otherwise communicated for a period of more 
than transitory duration. 17 U.S.C. § 101 (definition of “fixed”). For more information on 
fixation, see Chapter 300, Section 305 and Chapter 800, Section 803.4. 
  2003.2(D)  Eligibility Based on Incorporation into Buildings or Other Structures  
Section 104(b)(4) of the Copyright Act protects pictorial, graphic, or sculptural works 
that are incorporated into a building or other structure, and architectural works that are 
embodied in a building. The Copyright Act, however, only protects pictorial, graphic, 
sculptural, and architectural works if the building or structure in which they are 
incorporated or embodied is located in the United States or a treaty party. 
  2003.2(E)  Eligibility of Works Published by the United Nations or  
the Organization of American States 
Section 104(b)(5) of the Copyright Act states that works first published by the United 
Nations (or any of its specialized agencies) or by the Organization of American States 
are eligible for protection under the Copyright Act. This provision is based on first 
publication by these organizations, regardless of the location of the publication. 
  2003.2(F)   Eligibility Based on Presidential Proclamations 
Section 104(b)(6) of the Copyright Act protects works that come within the scope of 
Presidential proclamations. This means that, in addition to the categories listed in 
Sections 2003.2(A) through 2003.2(E), a work may be eligible for protection in the 
United States if the President finds that a particular foreign nation extends copyright 
protection to works by nationals or domiciliaries of the United States or works that are 
first published in the United States “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.” 17 U.S.C. § 104(b)(6). In such cases, the President 
may issue a proclamation that extends copyright protection “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 [foreign] nation, or which was first published in that nation.” 
Id. The President may revise, suspend, or revoke any such proclamation or impose any 
conditions or limitations on protection under a proclamation. 
  2004   Treaties and Presidential Proclamations 
U.S. protection of foreign works often is based on the United States’ treaty relationships 
with other countries. The United States has treaty relationships with all but a handful of 
countries, as set forth in International Copyright Relations of the United States (Circular 
38a). Some of these treaties are multilateral, meaning that there are more than two 
parties to the treaty, while other treaties are bilateral, meaning that they are between 
just the United States and one foreign country. It is important to note the date on which a 
foreign country became a treaty party, because U.S. law will apply only to works either 

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created or first published (depending on which type of eligibility is used) on or after the

date that the foreign country became a treaty party. Additionally, for a treaty to confer

eligibility, it must apply to the work at issue. For example, an author of a literary work

could not rely on the existence of a copyright treaty that protects only satellite

broadcasts but not literary works.

2004.1 Multilateral Treaties

The United States is a party to a number of multilateral copyright treaties, including the

following:

• Buenos Aires Convention of 1910: This was an early treaty that provided certain

government of Argentina on May 1, 1911, and proclaimed by President Woodrow

Wilson on July 13, 1914.

• Berne Convention for the Protection of Literary and Artistic Works (“Berne

Convention”): This treaty provides protection for certain literary and artistic works

and has been signed by most countries. The effective date for U.S. adherence to the

Berne Convention is March 1, 1989.

• Convention for the Protection of Producers of Phonograms Against Unauthorized

Duplication of Their Phonograms, Geneva, 1971: The effective date for the United

States is March 10, 1974. Note that only sound recordings are eligible for U.S.

• Universal Copyright Convention, Geneva, 1952: This treaty protected certain

literary, artistic, and scientific works. The effective date for the United States is

September 16, 1955, the date the treaty entered into force. This treaty was revised,

and the United States is a party to the version as revised at Paris in 1971 as of July

10, 1974.

• World Intellectual Property Organization (“WIPO”) Copyright Treaty (“WCT”): The

WCT is a special agreement under the Berne Convention that protects Berne

Convention-covered works and includes specific language protecting computer

programs and compilations of data or other material. The effective date for the

United States is March 6, 2002, the date the treaty entered into force.

• WIPO Performances and Phonograms Treaty, Geneva, 1996 (“WPPT”): The WPPT

covers certain rights for performers and producers of phonograms. The effective

date for the United States is May 20, 2002, the date the treaty entered into force.

Note that only sound recordings are eligible for U.S. copyright protection based on

this treaty. 17 U.S.C. § 104(d).

• The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”)

was entered into as part of the World Trade Organization (“WTO”), established

pursuant to the Marrakesh Agreement of April 15, 1994, which implemented the

Uruguay Round Agreements. TRIPS incorporated the Berne Convention in most

part, covered copyright and other intellectual property rights, and included

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provisions relating to enforcement of intellectual property rights. The effective date

of United States membership in the WTO is January 1, 1995.

• The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are

Blind, Visually Impaired or Otherwise Print Disabled (“Marrakesh VIP Treaty”)

provides an obligation for member nations to provide copyright limitations and

exceptions in order to permit reproduction, distribution and making available of

published works in formats designed to be accessible to visually impaired people,

and to permit exchange of these works across borders by eligible organizations that

serve those beneficiaries. The provisions of this treaty were implemented into U.S.

law with the Marrakesh Treaty Implementation Act on October 10, 2018. U.S.

membership in the treaty came into force on May 8, 2019. For more information on

the Marrakesh Treaty implementation in U.S. law, see the Copyright Office’s

Understanding the Marrakesh Treaty Implementation Act.

For information concerning the other countries that are parties to these treaties and the

date upon which a country became a treaty party, see International Copyright Relations

of the United States (Circular 38a).

2004.2 Bilateral Copyright Treaties and Presidential Proclamations

The United States has entered into bilateral treaties with some foreign countries. These

treaties often are in addition to multilateral treaties and try to provide a further layer of

protection. For a list of specific U.S. bilateral treaties, see International Copyright

Relations of the United States (Circular 38a).

Additionally, there have been numerous Presidential proclamations throughout the

years specifying countries to which the United States has extended copyright law

protection. Presidential proclamations were especially common prior to the United

States’s adherence to the Berne Convention, which allowed the United States to provide

protection to foreign works more easily. These proclamations are included as part of the

“bilateral” agreements listed in Circular 38(a).

2005 Registration Issues

This Section discusses frequent registration issues that arise in connection with foreign

works.

2005.1 Multiple Authors of a Foreign Work

If the foreign work was created by multiple authors and if eligibility is based on the

domicile or nationality of those authors, the work will be eligible for registration as long

as any one of the authors’ nationalities or domiciles is sufficient. For example, if the

work was created by three authors, two of whom are from Iran (a country that has no

that does have copyright relations with the United States), the work would be eligible

for registration.

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2005.2 Authors with Multiple Nationalities

If a work’s eligibility is based on the author’s nationality and the author has more than

one nationality (for example, if the author has dual citizenship), the work will be eligible

for registration if either of the author’s nationalities satisfy the Copyright Act’s eligibility

requirements.

2005.3 Domicile or First Publication in the Territorial Areas of the United States

Domicile or first publication in any of the territorial areas under the jurisdiction of the

U.S. government — other than the several states, the District of Columbia, and the

Commonwealth of Puerto Rico, and the organized territories — does not confer

eligibility for registration. Such areas include the unorganized territories, the trust

territories, and other possessions of the United States. However, works by domiciliaries

of, or works first published in, these areas may be eligible on the basis of the nationality

of the author. Since U.S. nationals include persons born in the outlying possessions of

the United States, eligibility in such cases may be conferred on that basis.

2005.4 Stateless Persons

A work by a stateless author is eligible for registration with the U.S. Copyright Office

regardless of the author’s former or prospective nationality or domicile, and regardless

of the place of first publication of the work. 17 U.S.C. § 104(b)(1).

2005.5 Works Made for Hire

In the case of a work made for hire, it is the nationality or domicile of the employer or

other person for whom the work was prepared, rather than the nationality or domicile

of the employee, which serves as the basis for determining eligibility for registration.

2005.5(A) Nationality and Domicile of Corporations and Similar Organizations

In the case of a work made for hire, where the employer or other person for whom the

work was prepared is not a natural person, but is an artificial person or legal entity such

as a corporation or similar organization, the nationality and domicile of that

organization is usually considered to be the nation under the laws of which the

organization was created for purposes of copyright registration. For example, the

nationality and domicile of a corporation generally should be stated as the United States

if it was incorporated under the law of one of the several States, under federal law, or

under the law of the District of Columbia, the Commonwealth of Puerto Rico, or those

organized territories under the jurisdiction of the United States that have the power to

create corporations.

2005.5(B) Members

A corporation or similar organization is ordinarily considered by law to be separate and

distinct from the persons who are its members or shareholders. As a result, the

nationality or domicile of the organization may be different from that of its members or

shareholders.

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  2005.5(C)  Doing Business  
A corporation may do business in a particular nation without being a national or 
domiciliary of that nation. 
  2005.6  Anonymous and Pseudonymous Works  
Where eligibility depends on the nationality or domicile of the author, the applicant 
must provide that information in the application, even if the work is anonymous or 
pseudonymous. The applicant does not, however, have to identify the author’s name in 
such cases. 
For a definition and general discussion of anonymous and pseudonymous works, see 
Chapter 600, Sections 615.1 and 615.2. 
  2005.7  Compilations and Derivative Works  
The nationality or domicile of the author of a compilation or derivative work is used in 
determining eligibility for registration, rather than the nationality or domicile of the 
author(s) of the preexisting material used in that work. 
  2005.8  When Is Eligibility Determined? 
If eligibility must be based on the author’s nationality or domicile, the author’s 
nationality or domicile and the status of the author’s country must be assessed as of the 
date of first publication. 
  2005.8(A)  Works Initially Registered as Unpublished, but Ineligible for  
Registration as Published Works 
Even though a work may have been registered as unpublished, it must be eligible at the 
time of first publication to be registrable as a published work. For example, if the author 
is a national and domiciliary of Iraq (a nation with which the United States has no 
copyright relations), the U.S. Copyright Office will register the work if it is unpublished. 
If the work is later published in another country with which the United States does not 
have copyright treaty relations, and the author’s citizenship and domicile remain 
unchanged, the Office will refuse to register the claim in the published version. 
  2005.8(B)  Change in Nationality or Domicile after Publication  
If a work was eligible for registration at the time of first publication on the basis of the 
author’s nationality or domicile, changes in nationality or domicile occurring after that 
time will not impact the work’s eligibility. 
  2005.9  Eligibility Unclear 
Sometimes the status of copyright relations between the United States and a particular 
nation is unclear. In cases where eligibility depends on the existence of copyright 
relations with that country, but the relationship is unclear, the U.S. Copyright Office will 
refuse registration. 

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  2006  Application Tips for Foreign Works 
In most cases, eligible foreign works may be registered just like any other work. In other 
words, an applicant generally may submit an application using the electronic 
registration system and selecting the type of work at issue (e.g., literary work, work of 
the performing arts, work of the visual arts, sound recording, or single serial issue) or by 
using a paper application (e.g., Form TX, PA, VA, SR, SE, etc.). For specific guidance on 
how to complete these applications, see Chapter 600 (Examination Practices). There are, 
however, some foreign works that must be registered with a paper application 
submitted on Form GATT. These works typically were created or published before 1996 
and are known as “restored works,” which are discussed in Section 2007 below.  
In all cases, the applicant should provide the name of the nation of which the author is a 
national or domiciliary, and in the case of a published work, the name of the nation of 
first publication of the work. For guidance in identifying the author’s nationality or 
domicile, see Chapter 600, Section 617. For guidance in identifying the nation of first 
publication, see Chapter 600, Section 612. 
Generally, the U.S. Copyright Office will not accept an application that lists a territory or 
other political subdivision, rather than the name of the nation itself. 
Examples of acceptable statements: 
•  Great Britain 
•  England 
•  Wales 
•  France 
•  French 
•  Switzerland 
•  Swiss 
Examples of unacceptable statements: 
•  British Protected Person 
•  Commonwealth Citizen 
•  Worldwide 
•  Internet 
  2007   Restored Works 
  2007.1   What Is a Restored Work? 
Previously, U.S. federal copyright law did not protect original works of authorship 
immediately upon their fixation in a tangible medium of expression. Instead, authors 
needed to take certain steps, such as publishing the work with a specific copyright 
notice and renewing the copyrights at particular times in order to obtain federal 
copyright protection. These types of requirements are called “formalities” and they 
applied to both U.S. and foreign works.  

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In 1978, the current Copyright Act went into effect, which eliminated some of these 
requirements. In 1989, the United States became a member of the Berne Convention, 
and enacted the Uruguay Round Agreements Act, Pub. L. No. 103–465, 108 Stat. 4809 
(codified in scattered sections of the U.S.C.) (1994) (“URAA”), which implemented the 
United States’ obligations under the Agreement on Trade-Related Aspects of Intellectual 
Property Rights. This further relaxed some of the Copyright Act’s more restrictive 
provisions.  
Specifically, the URAA “restored” the copyright in foreign works that entered the public 
domain because of a failure to comply with certain formalities, and thus provided 
retroactive copyright protection for many works that were ineligible for protection 
under the prior law. In 2012, the U.S. Supreme Court held that the URAA does not violate 
Article I, Section 8 or the First Amendment of the Constitution. Golan v. Holder, 565 U.S. 
302 (2012). 
Section 104A(h)(6) of the Copyright Act specifies the requirements that must be met in 
order to qualify as a “restored work.” 
•  Not in the public domain in the source country: The work must not be in the public 
domain in its source country through the expiration of the term of protection. 17 
U.S.C. § 104A(h)(6)(B). As discussed in Chapter 100, Section 102.2(A), the term of 
protection is the length of time during which a work is protected by copyright law. 
As discussed in Chapter 300, Section 313.6(D), the term “public domain” means that 
the work is not protected by copyright law. Thus, a restored work must be 
copyright-protected and still within its term of protection in the foreign country.  
•  Fell into the public domain in the United States: The work must be in the public 
domain in the United States (i) because the work did not comply with certain 
formalities (such as failing to place a proper notice on the work, failing to renew the 
copyright in a timely manner, or failing to comply with manufacturing requirements 
under prior law); (ii) because the work is a sound recording that was fixed before 
February 15, 1972, and as such, was not protected by U.S. federal copyright law; or 
(iii) because of a lack of national eligibility (as discussed above generally). 17 U.S.C. 
§ 104A(h)(6)(C). 
•  Eligibility at time of creation or publication: At least one author or rightholder of the 
work must have been (i) a national or domiciliary of an eligible country at the time 
of the work’s creation, and (ii) if the work is published, it must have been first 
published in an eligible country and not published in the United States within thirty 
days after the date of first publication. 17 U.S.C. § 104A(h)(6)(D). 
•  Sound recordings: If the source country for the work is an eligible country solely by 
virtue of its adherence to the WPPT, the restored work must be a sound recording. 
17 U.S.C. § 104A(h)(6)(E). 
January 1, 1996 is the effective date of restoration of copyright for foreign works from 
countries that were members of the WTO or the Berne Convention on that date. Most 
restored works were restored on January 1, 1996, because many countries became 
members of the WTO or Berne Convention prior to that date. In all other cases, the 

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effective date of restoration is the date a newly eligible country accedes to the WTO or 
the Berne Convention or the date of a Presidential proclamation restoring U.S. copyright 
protection to works of that country. 
N O T E :  Restored works are subject to a variety of other legal requirements regarding 
enforcement and remedies, which are not covered in this Compendium. For more 
information on restored works, see Copyright Restoration Under the URAA (Circular 
38b). 
 2007.2    Registration Requirements for Restored Works 
The Copyright Act protects restored works regardless of whether they are registered 
with the U.S. Copyright Office, although registration does provide various benefits, 
which are described in Chapter 200, Section 202. This Section provides general 
information for copyright owners that wish to register their restored works with the 
Office. 
A registration for a restored work (which is known as a “GATT registration”) covers an 
individual work, and an applicant should prepare a separate application, filing fee, and 
deposit for each work that is submitted to the Office. See Fees, 71 Fed. Reg. 15,368, 
15,369 (Mar. 28, 2006).  
  2007.2(A)  Form GATT 
To register a restored work, an applicant must file a paper application using Form GATT. 
Applicants cannot use the Office’s electronic registration system to register restored 
works. Form GATT is designed to request information needed to determine whether a 
work qualifies as a restored work and complies with U.S. legal requirements.  
While many parts of Form GATT are similar to the Office’s other applications, Form 
GATT requires information that may be different than the information required by other 
forms because of the differences in how the Copyright Act treats restored works. These 
issues are discussed in Sections 2007.2(A)(1) through 2007.2(A)(4). 
 2007.2(A)(1)  Who May File Form GATT? 
Form GATT may be filed by any of the following parties: 
•  An author of the work.  
•  The owner of all U.S. rights in the work.  
•  A duly authorized agent of one of the foregoing parties. 
See Restoration of Certain Berne and WTO Works, 60 Fed. Reg. 50,414, 50,418 (Sept. 29, 
1995). 

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 2007.2(A)(2)  Author of a Restored Work 
When identifying the author of a restored work on Form GATT applicants should be 
aware of the following issues: 
•  Timing matters: The applicant must determine whether, at the time the work was 
created, the author was a national or domiciliary of a country that is now eligible for 
protection in the United States. See 17 U.S.C. § 104A(h)(6)(D). 
•  Anonymous works: To register an anonymous work, the applicant may provide the 
author’s legal name or the author’s pseudonym, as long as the pseudonym consists 
of a name (rather than a number or symbol). See Chapter 600, Section 615.1(B). 
 2007.2(A)(3)  Publication of a Restored Work 
To qualify for a GATT registration, a published work (i) must have at least one author or 
rightholder who was a national or domiciliary of an eligible country when the work was 
created, (ii) it must have been first published in an eligible country, and (iii) it must not 
have been published in the United States within thirty days after first publication in that 
country. See 17 U.S.C. § 104A(h)(6)(D). 
 2007.2(A)(4)  Owner of U.S. Copyright in a Restored Work 
A claim in a restored work may be registered only in the name of the current owner of 
all U.S. rights in that work. See Restoration of Certain Berne and WTO Works, 60 Fed. 
Reg. 50,414, 50,418 (Sept. 29, 1995).  
  2007.2(B)  Filing Fees 
The applicant must submit the correct filing fee to register a restored work. See 37 C.F.R. 
§ 202.3(c)(2). The current fee is set forth in the U.S. Copyright Office’s fee schedule 
under the heading “Registration of a claim in a restored copyright (Form GATT).”  
For information concerning the methods for paying the filing fee, see Chapter 1400, 
Sections 1412.3 through 1412.5. 
 2007.2(C)   Deposit Requirements 
For specific deposit requirements for different types of restored works, see Chapter 
1500, Sections 1509.1(J) (Literary Works), 1509.2(H) (Works of the Performing Arts), 
and 1509.3(E)(3) (Visual Art Works). 
 
 