In contrast to a work published in the United States prior to 1923, an artwork published outside of the United States before 1923, but after 1909, is not necessarily in the public domain, unless the publication contained a complete copyright notice as formerly required under the Copyright Act of 1909, e.g. "© 1922 John Doe" or "Copyright 1910 Jane Doe." This is the controversial result of a recent federal circuit court’s decision that a foreign publication without a complete copyright notice is not technically a "publication," which would begin the copyright term under the 1909 Act. Under this odd rule, two publications of an artwork in foreign editions of the same book – one with a copyright notice and the other without – have different effects on the copyright status of the artwork.

1. Pablo Picasso, Daniel-Henry Kahnweiler, 1910. From: Maurice Raynal, Picasso. Munich: Delphin-Verlag, 1921.
2. Pablo Picasso, Daniel-Henry Kahnweiler, 1910. From: Maurice Raynal, Picasso. Paris: G. Cres & Cie., 1922.
3. Vasily Kandinsky, Improvisation No. 30 (Cannons), 1913. From: Kandinsky 1901-1913. Berlin: Verlag Der Sturm, 1913.