Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/fed/17ch6.asc

Text File | 1993-08-26 | 10.4 KB | 214 lines

/* Chapter 6 follows */


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.