In contrast, the geographical interpretation bristles with linguistic difficulties. Wiley first reads “under” to mean “in conformance with
the Copyright Act where the Copyright Act is applicable.” Wiley then
argues that the Act “is applicable” only in the United States. However, neither “under” nor any other word in “lawfully made under this
title” means “where.” Nor can a geographical limitation be read into
the word “applicable.” The fact that the Act does not instantly pro- tect an American copyright holder from unauthorized piracy taking
place abroad does not mean the Act is inapplicable to copies made
abroad. Indeed, §602(a)(2) makes foreign-printed pirated copies sub- ject to the Copyright Act. And §104 says that works “subject to pro-
tection” include unpublished works “without regard to the author’s
nationality or domicile,” and works “first published” in any of the