under this section.

(6) The term "restored work" means an original work of authorship that-

(A) is protected under subsection (a);

(B) is not in the public domain in its source country through expiration
of term of protection;

(C) is in the public domain in the United States due to-

(i) noncompliance with formalities imposed at any time by United States
copyright law, including failure of renewal, lack of proper notice, or
failure to comply with any manufacturing requirements;

(ii) lack of subject matter protection in the case of sound recordings
fixed before February 15, 1972; or

(iii) lack of national eligibility;

(D) has at least one author or rightholder who was, at the time the work
was created, a national or domiciliary of an eligible country, and if
published, was first published in an eligible country and not published
in the United States during the 30-day period following publication in
such eligible country; and

(E) if the source country for the work is an eligible country solely by
virtue of its adherence to the WIPO Performances and Phonograms Treaty,
is a sound recording. [34]