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to the importer that the merchandise is prohibited importation to permit the importer to secure the written consent of the owner of the trade-mark or trade name.

(b) Whenever merchandise is detained in accordance with paragraph (a) of this section and the importer indicates that he will not attempt to secure the written consent of the owner of the trade-mark or trade name to the importation of the merchandise, or such consent is not presented to the collector prior to the expiration of the 30-day period, the merchandise shall be seized and forfeited in the usual manner, except that, when a petition therefore is made by the importer prior to final disposition of the merchandise, the collector may release the merchandise upon the condition that the name, mark, or trademark be removed or obliterated prior to the release, or may permit the merchandise to be exported or destroyed under customs supervision and without expense to the Government. In the case of any such merchandise carried as baggage or otherwise by a person arriving in the United States, such petition may be made orally at the time of the customs examination and the collector may thereupon dispose of the merchandise under the above-mentioned conditions without a formal notice of detention or seizure. (c) Merchandise forfeited for violation of any trade-mark law may be disposed of in accordance with the procedure applicable to other customs forfeitures, but only after removal or obliteration of the name, mark, or trade-mark by reason of which the goods were seized.

(d) If the violation is not discovered until after entry and deposit of estimated duty, the entry shall be endorsed with an appropriate notation, the duty refunded as an erroneous collection, and the merchandise disposed of in accordance with the provisions of paragraphs (b) and (c) of this section.

(Sec. 42, 60 Stat. 440; 15 U.S.C. 1124)

COPYRIGHTS

§ 11.18 False notice of copyright.

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20 "The importation into the United States of any article bearing a false notice of copyright when there is no existing copyright thereon in the United States, or of any piratical copies of any work copyrighted in the United States, is prohibited." (17 U. S. C. 106)

The laws of the United States relating to patents, trade-marks, and copyrights have been extended to the Virgin Islands. (See 48 U. S. C. 1405q.)

21 "The Secretary of the Treasury and the Postmaster General are hereby empowered and required to make and enforce individually or jointly such rules and regulations as shall prevent the importation into the United States of articles prohibited importation by this title, and may require, as conditions precedent to exclusion of any work in which copyright is claimed, the copyright propri etor or any person claiming actual or potential injury by reason of actual or contemplated importations of copies of such work to file with the Post Office Department or the Treasury Department a certificate of the Register of Copyrights that the provisions of section 13 of this title have been fully complied with, and to give notice of such compliance to postmasters or to customs officers at the ports of entry in the United States in such form and accompanied by such exhibits as may be deemed necessary for the practical and efficient administration and enforce ment of the provisions of sections 106 and 107 of this title." (17 U. S. C. 109)

ma (c) When the Universal Copyright Convention, signed at Geneva on September 6, 1952, shall be in force between the United States of America and the foreign state or nation of which such author is a citizen or subject, or in which the work was first published. Any work to which copyright is ex tended pursuant to this subsection shall be exempt from the following provisions of this title: (1) The requirement in section 1 (0) that a foreign state or nation must grant

(a) The importation of books, periodicals, newspapers, music, movingpicture films, and other articles which bear a false notice of copyright—that is, words indicating that they have been copyrighted in the United States when

by virtue of the Universal Copyright Convention, and has not registered a I copyright claim, may secure to himself customs protection against importation of piratical copies of the copyrighted work in the following manner:

(1) In the case of books and other printed works which may be readily identified by title and name of the author, the copyright proprietor, or any person claiming actual or potential injury by reason of actual or contemplated importations of copies of such works, shall file in the Office of the Director, Customs Information Exchange, 201 =Varick Street, New York, New York, 10014, a certificate of registration issued by the Copyright Office or, if copyright is claimed under section 9 (c) by virtue of the Universal Copyright Convention and no registration has been made, a statement setting forth the citizenship and domicile of the author at the time of publication, the date and place of publication, and a description of the work, including its title and the name of the author. There shall also be filed an application in duplicate for recordation of the copyrighted work, accompanied

to United States citizens mechanical reproduction rights similar to those specified therein; (2) the obligatory deposit requirements of the first sentence of section 13; (3) the provisions of sections 14, 16, 17, and 18; (4) the import prohibitions of section 107, to the extent that they are related to the manufacturing requirements of section 16; and (5) the requirements of sections 19 and 20: Provided, however, That such exemptions shall apply only if from the time of first publication all the copies of the work published with the authority of the author or other copyright proprietor shall bear the symbol accompanied by the name of the copyright proprietor and the year of first publication placed in such manner and location as to give reasonable notice of claim of copyright.

Upon the coming into force of the Universal Copyright Convention in a foreign state or nation as herein before provided, every book or periodical of a citizen or subJect thereof in which ad interim copyright was subsisting on the effective date of said coming into force shall have copyright for twenty-eight years from the date of first publication abroad without the necessity of complying with the further formalities specifiled in section 23 of this title.

by 1,000 notices in the form indicated below, printed in 11-point Roman type on plain white cards of medium weight, size 3 x 5 inches, for distribution to customs field officers throughout the United States, including Puerto Rico, the Virgin Islands, Hawaii, and Alaska, and the fee of $100 prescribed by § 24.12 of this chapter. Checks or money orders in payment of the fee shall be made payable to the Collector of Customs, New York, New York.

The provisions of this subsection shall not be extended to works of an author who is a citizen of, or domiciled in the United States of America regardless of place of first publication, or to works first published in the United States. (17 U. S. C. 9 (c))

(Title of book or other printed work, and foreign title if different)

(Author)

(Citizenship of author at the time of
publication)

(Domicile of Author at time of publication)

(Date of publication) (Place of publication) Registration

Copyright claim registered No. Copyright claimed under 17 U. S. C. 9 (c) and no claim registered☐

(Name and address of copyright proprietor)

(2) In the case of copyrighted works not readily identifiable by title and author, application for recordation in the form of a letter shall be made to the Commissioner of Customs, Washington, D.C., 20226. Such application shall be accompanied by a certificate of registration issued by the Copyright Office, or, if copyright is claimed under section 9 (c) by virtue of the Universal Copyright Convention and no registration has been made, a statement setting forth the citizenship and domicile of the author at the time of publication, the date and place of publication, and a description of the work. There shall also be filed 700 photographic or other likenesses of the copyrighted work reproduced on paper 8 x 101⁄2 inches in size, for distribution to all collectors of customs and appraisers of merchandise, accompanied by the fee of $100 prescribed by § 24.12 of this chapter. Checks or money orders in payment of the fee shall be made payable to the Head, Fiscal Section, Bureau of Customs.

(b) The following countries are parties to the Universal Copyright Convention:

Andorra, Argentina, Austria, Belgium, Brazil, Cambodia, Canada, Chile, Costa Rica, Cuba, Czechoslovakia, Denmark, Ecuador, Finland, France, German Federal Republic, Ghana, Greece, Haiti,

Holy See, Iceland, India, Ireland, Israel, Italy, Japan, Laos, Lebanon, Liberia, Liechtenstein, Luxembourg, Mexico, Monaco, Nicaragua, Nigeria, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Portugal, Spain, Sweden, Switzerland, United Kingdom, and United States of America.

(Secs. 9, 109, 61 Stat. 655, as amended, 664; 17 U.S.C. 9, 109) [28 F.R. 14701, Dec. 31, 1963, as amended by T.D. 56131, 29 FR. 3596, Mar. 21, 1964; T.D. 56393, 30 F.R. 5580, Apr. 20, 1965]

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23 "During the existence of the American copyright in any book the importation into the United States of any piractical copies thereof or any copies thereof (although authorized by the author or proprietor) which have not been produced in accordance with the manufacturing provisions specified in section 16 of this title, or any plates of the same not made from type set within the limits of the United States, or any copies thereof produced by lithographic or photoengraving process not performed within the limits of the United States, in accordance with the provisions of section 16 is prohibited: Provided, however, That, except as regards piratical copies, such prohibition shall not apply:

"(a) To works in raised characters for the use of the blind;

"(b) To a foreign newspaper or magazine, although containing matter copyrighted in the United States printed or reprinted by authority of the copyright proprietor, unless such newspaper or magazine contains also copyright matter printed or reprinted without such authorization.

"(c) To the authorized edition of a book in a foreign language or languages of which only a translation into English has been copyrighted in this country.

"(d) To any book published abroad with the authorization of the author or copyright proprietor when imported under the circumstances stated in one of the four subdivisions following, that is to say:

"First. When imported, not more than one

(c) If the collector is not satisfied that an imported article is a piratical copy, and the importer files a statement denying that it is in fact a piratical copy and alleging that the detention of the article will result in a material depreciation of its value or loss or damage to him, the article shall be admitted to entry, unless a written demand for its exclusion is filed by the copyright proprietor or other party in interest setting forth that the imported article is a piratical copy of an article legally copyrighted in the United States, and unless there is also filed with the collector a good and sufficient bond conditioned to hold the importer or owner of such article harmless from any loss or damage resulting from its detention in the event that it is held by the Bureau not to be prohibited from importation under section 106 of the copyright act.

(d) Upon the filing of such demand and bond, the collector shall detain the article and shall fix a time at which the parties in interest may submit evidence to substantiate their respective claims, which evidence shall be reduced to writing at the expense of the parties in interest. The burden of proof that any article

copy at one time, for individual use and not for sale; but such privilege of importation shall not extend to a foreign reprint of a book by an American author copyrighted in the United States.

"Second. When imported by the authority or for the use of the United States.

"Third. When imported, for use and not for sale, not more than one copy of any such book in any one invoice, in good faith by or for any society or institution incorporated for educational, literary, philosophical, scientific, or religious purposes or for the encour agement of the fine arts, or for any college, academy, school, or seminary of learning, or for any State, school, college, university, or free public library in the United States.

"Fourth. When such books form parts of libraries or collections purchased en bloc for the use of societies, institutions, or libraries designated in the foregoing paragraph, or form parts of the libraries or personal baggage belonging to persons or families arriv ing from foreign countries and are not intended for sale: Provided, That copies imported as above may not lawfully be used in any way to violate the rights of the proprie tor of the American copyright or annual or limit the copyright protection secured by this title, and such unlawful use shall be an infringement of copyright." (17 U.S.C. 107)

deemed

is in fact a piratical copy shall be upon the party making such claim.

(e) If the article is held by the Bureau to be a piratical copy, its seizure and forfeiture will be directed in accordance with section 108 of the copyright act,23 and the bond will be returned to the copyright proprietor; but if the article is not so held, the collector will be directed to release it and transmit the bond to the importer.

(Sec. 1, 61 Stat. 652; 17 U.S.C. 109)

§ 11.21 United States manufacturing requirements; copies not produced in accordance with 17 U.S.C. 16.24

(a) Copies of books or periodicals for which manufacture in the United States is required by 17 U.S.C. 16 may not be imported during the existence of the United States copyright, unless importation is permitted under 17 U. S. C. 107," or unless protection was secured under 17 U. S. C. 9 (c) by virtue of the Universal Copyright Convention or an ad interim copyright was extended to the full term by the provisions of 17 U. S. C. 9 (c).

22 See footnote 22 on p. 326.

23 "Any and all articles prohibited importation by this title which are brought into the United States from any foreign country (except in the mails) shall be seized and forfeited by like proceedings as those provided by law for the seizure and condemnation of property imported into the United States in violation of the customs revenue laws. Such articles when forfeited shall be destroyed in such manner as the Secretary of the Treasury or the court, as the case may be, shall direct: Provided, however, That all copies of authorized editions of copyright books imported in the mails or otherwise in violation of the provisions of this title may be exported and returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury, in a written application, that such importation does involve willful negligence or fraud." (17 U. S. C. 108)

not

24 Mechanical work to be done in United States. Of the printed book or periodical specified in section 5, subsections (a) and (b), of this title, except the original text of a book or periodical of foreign origin in a language or languages other than English, the text of all copies accorded protection under this title, except as below provided, shall be printed from type set within the limits of the United States, either by hand or by the aid of any kind of typesetting machine, or from plates made within the limits of the United States from type set therein, or, if the text be produced by lithographic process, or photoengraving process, then by a process

(b) Up to 1500 copies of a book or periodical covered by ad interim copyright, when imported pursuant to the quantitative exception in 17 U. S. C. 16, may be released upon compliance with usual customs requirements if there is presented in connection with the entry an "Import Statement" issued by the Register of Copyrights on Copyright Office Form C-100, and such copies are otherwise admissible. The reverse side of the statement shall be completely filled in by the customs officer concerned and mailed at once to the Register of Copyrights as directed in the form.

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wholly performed within the limits of the United States, and the printing of the text and binding of the said book shall be performed within the limits of the United States; which requirements shall extend also to the illustrations within a book consisting of printed text and illustrations produced by lithographic process, or photoengraving process, and also to separate lithographs or photoengravings, except where in either case the subjects represented are located in a foreign country and illustrate a scientific work or reproduce a work of art: Provided, however, That said requirements shall not apply to works in raised characters for the use of the blind, or to books or periodicals of foreign origin in a language or languages other than English, or to works printed or produced in the United States by any other process than those above specified in this section, or to copies of books or periodicals, first published abroad in the English language, imported into the United States within five years after first publication in a foreign state or nation up to the number of fifteen hundred copies of each such book or periodical if said copies shall contain notice of copyright in accordance with sections 10, 19, and 20 of this title and if ad interim copyright in said work shall have been obtained pursuant to section 22 of this title prior to the importation into the United States of any copy except those permitted by the provisions of section 107 of this title: Provided further, That the provisions of this section shall not affect the right of importation under the provisions of section 107 of this title. (17 U. S. C. 16)

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