comprises the
several States, the District of Columbia and the Commonwealth of Puerto
Rico, and the organized territories under the jurisdiction of the United
States Government.

For purposes of section 411, a work is a "United States work" only if:

(1) in the case of a published work, the work is first published-

(A) in the United States;

(B) simultaneously in the United States and another treaty party or
parties, whose law grants a term of copyright protection that is the
same as or longer than the term provided in the United States;

(C) simultaneously in the United States and a foreign nation that is not
a treaty party; or

(D) in a foreign nation that is not a treaty party, and all of the
authors of the work are nationals, domiciliaries, or habitual residents
of, or in the case of an audiovisual work legal entities with
headquarters in, the United States;

(2) in the case of an unpublished work, all the authors of the work are
nationals, domiciliaries, or habitual residents of the United States,
or, in the case of an unpublished audiovisual work, all the authors are
legal entities with headquarters in the United States; or

(3) in the case of a pictorial, graphic, or sculptural work incorporated
in a building or structure, the building or structure is located in the
United States. [19]

A "useful article" is an article having an intrinsic utilitarian
function that is not merely to portray the appearance of the article or
to convey information. An article that is normally a part of a useful
article is considered a "useful article".

The author's "widow" or "widower" is the author's surviving spouse under
the law of the author's domicile at the time of his or her death,
whether or not the spouse has later remarried.

The "WIPO Copyright Treaty" is the WIPO Copyright Treaty concluded at
Geneva, Switzerland, on December 20, 1996. [20]

The "WIPO Performances and Phonograms Treaty" is the WIPO Performances
and Phonograms Treaty concluded at Geneva, Switzerland, on December 20,
1996. [21]

A "work of visual art" is-

(1) a painting, drawing, print or sculpture, existing in a single copy,
in a limited edition of 200 copies or fewer that are signed and
consecutively numbered by the author, or, in the case of a sculpture, in
multiple cast, carved, or fabricated sculptures of 200 or fewer that are
consecutively numbered by the author and bear the signature or other
identifying mark of the author; or

(