U.S.A. Copyright Law - Library of Congress. Copyright Office (best sales books of all time txt) 📗
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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 phonorecordsImportation 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 OfficeRetention 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 feesDelay 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
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