/* BBS LEGAL GUIDE COMMENTARY:

CHAPTER 6. MANUFACTURING REQUIREMENTS AND IMPORTATION

(a) Prior to July 1, 1986, and except as provided by subsection

(b), the importation into or public distribution in the United

States of copies of a work consisting preponderantly of

nondramatic literary material that is in the English language

and is protected under this title [17 USC SS 101 et seq.] is

prohibited unless the portions consisting of such material have

been manufactured in the United States or Canada.

(b) The provisions of subsection (a) do not apply --

(1) where, on the date when importation is sought or public

distribution in the United States is made, the author of any

substantial part of such material is neither a national nor a

domiciliary of the United States or, if such author is a national

of the United States, he or she has been domiciled outside the

United States for a continuous period of at least one year

immediately preceding that date; in the case of a work made for

hire, the exemption provided by this clause does not apply unless

a substantial part of the work was prepared for an employer or

other person who is not a national or domiciliary of the United

States or a domestic corporation or enterprise;

(2) where the United States Customs Service is presented with an

import statement issued under the seal of the Copyright Office,

in which case a total of no more than two thousand copies of any

one such work shall be allowed entry; the import statement shall

be issued upon request to the copyright owner or to a person

designated by such owner at the time of registration for the work

under section 408 [17 USC S 408] or at any time thereafter;

(3) where importation is sought under the authority or for the

use, other than in schools, of the Government of the United

States or of any State or political subdivision of a State;

(4) where importation, for use and not for sale, is sought --

(A) by any person with respect to no more than one copy

of any work at any one time;

(B) by any person arriving from outside the United States, with

respect to copies forming part of such person's personal baggage;

or

(C) by an organization operated for scholarly, educational, or

religious purposes and not for private gain, with respect to

copies intended to form a part of its library;

(5) where the copies are reproduced in raised characters for

the use of the blind; or

(6) where, in addition to copies imported under clauses (3)

and (4) of this subsection, no more than two thousand copies of

any one such work, which have not been manufactured in the United

States or Canada, are publicly distributed in the United States;

or

(7) where, on the date when importation is sought or public

distribution in the United States is made --

(A) the author of any substantial part of such material is an

individual and receives compensation for the transfer or license

of the right to distribute the work in the United States; and

(B) the first publication of the work has previously taken place

outside the United States under a transfer or license granted by

such author to a transferee or licensee who was not a national or

domiciliary of the United States or a domestic corporation or

enterprise and

(C) there has been no publication of an authorized edition of the

work of which the copies were manufactured in the United States;

and

(D) the copies were reproduced under a transfer or license

granted by such author or by the transferee or licensee of the

right of first publication as mentioned in subclause (B), and the

transferee or other licensee of the right of reproduction was not

a national or domiciliary of the United States or a domestic

corporation or enterprise.

(c) The requirement of this section that copies be manufactured

in the United States or Canada is satisfied if --

(1) in the case where the copies are printed directly from type

that has been set, or directly from plates made from such type,

and the setting of the type and the making of the plates have

been performed in the United States or Canada; or

(2) in the case where the making of plates by a lithographic or

photoengraving process is a final or intermediate step preceding

the printing of the copies, the making of the plates has been

performed in the United States or Canada; and

(3) in any case, the printing or other final process of producing

multiple copies and any binding of the copies have been performed

in the United States or Canada.

(d) Importation or public distribution of copies in violation of

this section does not invalidate protection for a work under this

title [17 USC SS 601 et seq.]. However, in any civil action or

criminal proceeding for infringement of the exclusive rights to

reproduce and distribute copies of the work, the infringer has a

complete defense with respect to all of the nondramatic literary

material comprised in the work and any other parts of the work in

which the exclusive rights to reproduce and distribute copies are

owned by the same person who owns such exclusive rights in the

nondramatic literary material, if the infringer proves --

(1) that copies of the work have been imported into or publicly

distributed in the United States in violation of this section by

or with the authority of the owner of such exclusive rights; and

(2) that the infringing copies were manufactured in the United

States or Canada in accordance with the provisions of subsection

(c); and

(3) that the infringement was commenced before the effective

date of registration for an authorized edition of the work, the

copies of which have been manufactured in the United States or

Canada in accordance with the provisions of subsection (c).

(e) In any action for infringement of the exclusive rights to

reproduce and distribute copies of a work containing material

required by this section to be manufactured in the United States

or Canada, the copyright owner shall set forth in the complaint

the names of the persons or organizations who performed the

processes specified by subsection (c) with respect to that

material, and the places where those processes were performed.

S 602. Infringing importation of copies or phonorecords

(a) Importation into the United States, without the authority of

the owner of copyright under this title [17 USC SS 101 et seq.],

of copies or phonorecords of a work that have been acquired

outside the United States is an infringement of the exclusive

right to distribute copies or phonorecords under section 106 [17

USC S 106], actionable under section 501 [17 USC S 501]. This

subsection does not apply to --

(1) importation of copies or phonorecords under the authority or

for the use of the Government of the United States or of any

State or political subdivision of a State, but not including

copies or phonorecords for use in schools, or copies of any

audiovisual work imported for purposes other than archival use;

(2) importation, for the private use of the importer and not

for distribution, by any person with respect to no more than one

copy or phonorecord of any one work at any one time, or by any

person arriving from outside the United States with respect to

copies or phonorecords forming part of such person's personal

baggage; or

(3) importation by or for an organization operated for scholarly,

educational, or religious purposes and not for private gain, with

respect to no more than one copy of an audiovisual work solely

for its archival purposes, and no more than five copies or

phonorecords of any other work for its library lending or

archival purposes, unless the importation of such copies or

phonorecords is part of an activity consisting of systematic

reproduction or distribution, engaged in by such organization in

violation of the provisions of section 108(g)(2) [17 USC S

108(g)(2)].

(b) In a case where the making of the copies or phonorecords

would have constituted an infringement of copyright if this title

[17 USC SS 101 et seq.] had been applicable, their importation

is prohibited. In a case where the copies or phonorecords were

lawfully made, the United States Customs Service has no authority

to prevent their importation unless the provisions of section 601

[17 USC S 601] are applicable. In either case, the Secretary of

the Treasury is authorized to prescribe, by regulation, a

procedure under which any person claiming an interest in the

copyright in a particular work may, upon payment of a specified

fee, be entitled to notification by the Customs Service of the

importation of articles that appear to be copies or phonorecords

of the work.

S 603. Importation prohibitions: Enforcement and disposition of

excluded articles

(a) The Secretary of the Treasury and the United States Postal

Service shall separately or jointly make regulations for the

enforcement of the provisions of this title [17 USC SS 101 et

seq.] prohibiting importation.

(b) These regulations may require, as a condition for the

exclusion of articles under section 602 [17 USC S 602] --

(1) that the person seeking exclusion obtain a court order

enjoining importation of the articles; or

(2) that the person seeking exclusion furnish proof, of a

specified nature and in accordance with prescribed procedures,

that the copyright in which such person claims an interest is

valid and that the importation would violate the prohibition in

section 602 [17 USC S 602]; the person seeking exclusion may also

be required to post a surety bond for any injury that may result

if the detention or exclusion of the articles proves to be

unjustified.

(c) Articles imported in violation of the importation

prohibitions of this title [17 USC SS 101 et seq.] are subject

to seizure and forfeiture in the same manner as property imported

in violation of the customs revenue laws. Forfeited articles

shall be destroyed as directed by the Secretary of the Treasury

or the court, as the case may be; however, the articles may be

returned to the country of export whenever it is shown to the

satisfaction of the Secretary of the Treasury that the importer

had no reasonable grounds for believing that his or her acts

constitutes a violation of law.