(3) Restored work means an original work of authorship that--

(i) Is protected under 17 U.S.C. 104A(a);

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

(iii) Is in the public domain in the United States due to--

(A) 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;

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

(C) Lack of national eligibility; and

(iv) 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.

(4) Source country of a restored work is--

(i) A nation other than the United States; and

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