U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗

1999, a technical correction

amended subsection 511(a) by inserting "121" in lieu of "119." Pub. L.

No. 106-44, 113 Stat. 221, 222.

9 In 1998, the Online Copyright Infringement Liability Limitation Act

added section 512. Pub. L. No. 105-304, 112 Stat. 2860, 2877. In 1999, a

technical correction deleted the heading for paragraph (2) of section

512(e), which was "Injunctions." Pub. L. No. 106-44, 113 Stat. 221, 222.

10 The Fairness in Music Licensing Act of 1998 added section 513. Pub.

L. No. 105-298, 112 Stat. 2827, 2831. This section was originally

designated as section 512. However, because two sections 512 had been

enacted into law in 1998, a technical amendment redesignated this as

section 513. Pub. L. No. 106-44, 113 Stat. 221. See also endnote 2*,

supra.*

Chapter 6

Manufacturing Requirements and Importation

Manufacture, importation, and public distribution of certain

copies

Infringing importation of copies or phonorecords

Importation prohibitions: Enforcement and disposition of

excluded articles

Section 601. Manufacture, importation, and public distribution of certain

copies [1]

(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 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 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 the

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, 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.

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.

Section 602. Infringing importation of copies or phonorecords

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

owner of copyright under this title, 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, actionable under section 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).

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

constituted an infringement of copyright if this title 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 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.

Section 603. Importation prohibitions: Enforcement and disposition of

excluded articles [2]

(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 prohibiting importation.

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

articles under section 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; 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 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.

Chapter 6 Endnotes

1 In 1982, section 601(a) was amended in the first sentence by

substituting "1986" for "1982." Pub. L. No. 97-215, 96 Stat. 178.

2 The Anticounterfeiting Consumer Protection Act of 1996 amended the

last sentence of section 603(c) by deleting the semicolon and all text

immediately following the words "as the case may be." Pub. L. No.

104-153, 110 Stat. 1386, 1388.

Chapter 7 [1]

Copyright Office

The Copyright Office: General responsibilities and organization Copyright Office regulations Effective date of actions in Copyright Office

Retention and disposition of articles deposited in Copyright

Office

Copyright Office records: Preparation, maintenance, public

inspection, and searching

Copies of Copyright Office records Copyright Office forms and publications Copyright Office fees

Delay in delivery caused by disruption of postal or other

services

Section 701. The Copyright Office: General responsibilities and

organization [2]

(a) All administrative functions and duties under this title, except as

otherwise specified, are the responsibility of the Register of

Copyrights as director of the Copyright Office of the Library of

Congress. The Register of Copyrights, together with the subordinate

officers and employees of the Copyright