In the case of published work, the work is first published:
- In the United States;
- 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 then the term provided in United States;
- Simultaneously in United States and a foreign nation that is not a treaty party; or
- In a foreign nation that is not a treaty party, and all the authors of the work are nationals, domiciliaries, or habitual residents of or in the case of an audiovisual work legal entities which headquarters in United States;
In the case of an unpublished work, all the authors of the work are nationals, domiciliaries, or habitual residents of United States, or, in the case of an unpublished audiovisual work, all the authors are legal entities with headquarters in the United States; or
In the case of a pictorial, graphic, or sculptural work incorporated in a building or structure, the building or structure is located in United States.