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copies or phonorecords, sustains the burden of proving that he 2 believed and had reasonable grounds for believing that the repro3 duction was a fair use under section 107, the court in its discretion 4 may remit statutory damages in whole or in part. 5 8 505. Remedies for infringement: Costs and attorney's fees 6 In

any

civil action under this title, the court in its discretion may 7 allow the recovery of full costs by or against any party other than 8 the United States or an officer thereof. Except as otherwise provided 9

by this title, the court may also award a reasonable attorney's fee to 10

the prevailing party as part of the costs. 11 8 506. Criminal offenses 12 (a) CRIMINAL INFRINGEMENT.—Any person who infringes a copy18 right willfully and for purposes of commercial advantage or private 14 financial gain shall be fined not more than $2,500 or imprisoned not 15 more than one year, or both, for the first such offense, and shall be fined 16 not more than $10,000 or imprisoned not more than one year, or both, 17

for any subsequent offense. 18 (b) FRAUDULENT COPYRIGHT NOTICE.—Any person who, with fraud19 ulent intent, places on any article a notice of copyright or words of 20 the same purport that he knows to be false, or who, with fraudulent 21 intent, publicly distributes or imports for public distribution any 22 article bearing such notice or words that he knows to be false, shall be 23 fined not more than $2,500. 24 (c) FRAUDULENT REMOVAL OF COPYRIGHT NOTICE.-Any person who, 25 with fraudulent intent, removes or alters any notice of copyright 26 appearing on a copy of a copyrighted work shall be fined not more 27 than $2,500. 28 (d) False REPRESENTATION.–Any person who knowingly makes a 29 false representation of a material fact in the application for copyright 30 registration provided for by section 409, or in any written statement 31 filed in connection with the application, shall be fined not more than 32 $2,500.

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8 507. Limitations on actions

(a) CriminAL PROCEEDINGS.—No criminal proceeding shall be maintained under the provisions of this title unless it is commenced within three years after the cause of action arose.

(b) Civil ACTIONS.—No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued.

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57 1 8 508. Notification of filing and determination of actions 2 (a) Within one month after the filing of any action under this title, 3 the clerks of the courts of the United States shall send written notifica4 tion to the Register of Copyrights setting forth, as far as is shown 5

by the papers filed in the court, the names and addresses of the parties 6

and the title, author, and registration number of each work involved 7

in the action. If any other copyrighted work is later included in the 8

action by amendment, answer, or other pleading, the clerk shall also 9

send a notification concerning it to the Register within one month 10

after the pleading is filed. 11

(b) Within one month after any final order or judgment is issued 12

in the case, the clerk of the court shall notify the Register of it, 13

sending him a copy of the order or judgment together with the written 14

opinion, if any, of the court. 15

(c) Upon receiving the notifications specified in this section, the 16

Register shall make them a part of the public records of the Copyright 17

Office. 18

Chapter 6.-MANUFACTURING REQUIREMENT AND 19

IMPORTATION
Sec.
601. Manufacture, importation, and public distribution of certain copies.
602. Infringing importation of copies or phonorecords.

603. Importation prohibitions : Enforcement and disposition of excluded articles. 20 8 601. Manufacture, importation, and public distribution of cer21

tain copies 22 (a) Except as provided by subsection (b), the importation into or 23 public distribution in the United States of copies of a work consisting 24 preponderantly of nondramatic literary material that is in the English 25 language and is protected under this title is prohibited unless the 26 portions consisting of such material have been manufactured in the 27 United States or Canada. 28 (b) The provisions of subsection (a) do not apply: 29

(1) where, on the date when importation is sought or public 30 distribution in the United States is made, the author of any sub31 stantial part of such material is neither a national nor a domicil32

iary of the United States or, if he is a national of the United 33 States, has been domiciled outside of the United States for a 34 continuous period of at least one year immediately preceding that 35 date; in the case of a work made for hire, the exemption provided 36 by this clause does not apply unless a substantial part of the work 37 was prepared for an employer or other person who is not a na

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tional or domiciliary of the United States or a domestic corporation or enterprise;

(2) where the Bureau of Customs is presented with an import statement issued under the seal of the Copyright 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 him 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 one work at any one time;

(B) by any person arriving from abroad, with respect to copies forming part of his 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;

(6) where, in addition to copies imported under clauses (8) 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. (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.

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1 (d) Importation or public distribution of copies in violation of 2 this section does not invalidate protection for a work under this title. 3 However, in any civil action or criminal proceeding for infringement 4 of the exclusive rights to reproduce and distribute copies of the work, 5 the infringer has a complete defense with respect to all of the non6 dramatic literary material comprised in the work and any other parts 7 of the work in which the exclusive rights to reproduce and distribute 8 copies are owned by the same person who owns such exclusive rights 9 in the nondramatic literary material, if he proves : 10 (1) that copies of the work have been imported into or publicly 11 distributed in the United States in violation of this section by or 12 with the authority of the owner of such exclusive rights; and 13 (2) that the infringing copies were manufactured in the United 14 States or Canada in accordance with the provisions of subsection 15 (c); and 16

(3) that the infringement was commenced before the effective 17 date of registration for an authorized edition of the work, the 18 copies of which have been manufactured in the United States or 19 Canada in accordance with the provisions of subsection (c). 20 (e) In any action for infringement of the exclusive rights to repro21 duce and distribute copies of a work containing material required by

this section to be manufactured in the United States or Canada, the 23 copyright owner shall set forth in the complaint the names of the per24 sons or organizations who performed the processes specified by subsec25 tion (c) with respect to that material, and the places where those 26 processes were performed. 27 8602. Infringing importation of copies or phonorecords 28 (a) Importation into the United States, without the authority of 29 the owner of copyright under this title, of copies or phonorecords of 30 & work that have been acquired abroad is an infringement of the 81 exclusive right to distribute copies or phonorecords under section 106, 32 actionable under section 501. This subsection does not apply to: 33

(1) importation of copies or phonorecords under the authority

or for the use of the government of the United States or of any 85 State or political subdivision of a State but not including copies 36 or phonorecords for use in schools, or copies of any audiovisual 87 work imported for purposes other than archival use; 88

(2) importation, for the private use of the importer and not 39 for distribution, by any person with respect to no more than one 40 copy or phonorecord of any one work at any one time, or by any

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1 person arriving from abroad with respect to copies or phono2 records forming part of his personal baggage; or 3

(3) importation by or for an organization operated for schol4 arly, educational, or religious purposes and not for private gain, 5 with respect to no more than one copy of an audiovisual work 6 solely for its archival purposes, and no more than five copies or 7 phonorecords of any other work for its library lending or archival 8 purposes. 9 (b) In a case where the making of the copies or phonorecords would 10 have constituted an infringement of copyright if this title had been 11 applicable, their importation is prohibited. In a case where the copies 12 or phonorecords were lawfully made, the Bureau of Customs has no 13 authority to prevent their importation unless the provisions of section 14 601 are applicable. In either case, the Secretary of the Treasury is 15 authorized to prescribe, by regulation, a procedure under which any 16 person claiming an interest in the copyright in a particular work may, 17

upon payment of a specified fee, be entitled to notification by the 18 Bureau of the importation of articles that appear to be copies or phono19 records of the work. 20 8 603. Importation prohibitions: Enforcement and disposition of 21

excluded articles 22 (a) The Secretary of the Treasury and the Postmaster General shall 23 separately or jointly make regulations for the enforcement of the pro24 visions of this title prohibiting importation. 25 (b) These regulations may require, as a condition for the exclusion 26 of articles under section 602: 27

(1) that the person seeking exclusion obtain a court order en28 joining importation of the articles; or 29 (2) that he furnish proof, of a specified nature and in accord30 ance with prescribed procedures, that the copyright in which he 31 claims an interest is valid and that the importation would violate 32

the prohibition in section 602; he may also be required to post a 33 surety bond for any injury that may result if the detention or 34 exclusion of the articles proves to be unjustified. 35 (c) Articles imported in violation of the importation prohibitions 36 of this title are subject to seizure and forfeiture in the same manner as 37 property imported in violation of the customs revenue laws. For38 feited articles shall be destroyed as directed by the Secretary of the 39 Treasury or the court, as the case may be; however, the articles may be 40 returned to the country of export whenever it is shown to the satisfac

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