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(d) Importation or public distribution of copies in violation of this section does not invalidate protection for a work under this title. 3 However, in any civil action or criminal proceeding for infringement

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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 he 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 22 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 persons or organizations who performed the processes specified by subsection (c) with respect to that material, and the places where those processes were performed.

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27 § 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 abroad 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

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person arriving from abroad with respect to copies or phonorecords forming part of his 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.

(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 Bureau of Customs 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 Bureau of the importation of articles that appear to be copies or phonorecords of the work.

§ 603. Importation prohibitions: Enforcement and disposition of excluded articles

(a) The Secretary of the Treasury and the Postmaster General 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 he furnish proof, of a specified nature and in accordance with prescribed procedures, that the copyright in which he claims an interest is valid and that the importation would violate the prohibition in section 602; he 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 37 property imported in violation of the customs revenue laws. For38 feited 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 satisfac

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tion of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his acts constituted a violation of law.

Sec.

Chapter 7.-COPYRIGHT OFFICE

701. The Copyright Office: General responsibilities and organization.

702. Copyright Office regulations.

703. Effective date of actions in Copyright Office.

704. Retention and disposition of articles deposited in Copyright Office.

705. Copyright Office records: Preparation, maintenance, public inspection, and

searching.

706. Copies of Copyright Office records.

707. Copyright Office forms and publications.

708. Copyright Office fees.

§ 701. The Copyright Office: General responsibilities and organization

(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 in the Library of Congress. The Register of Copyrights, together with the subordinate officers and employees of the Copyright Office, shall be appointed by the Librarian of Congress, and shall act under his general direction and supervision.

(b) The Register of Copyrights shall adopt a seal to be used on and after January 1, 1975, to authenticate all certified documents issued by the Copyright Office.

(c) The Register of Copyrights shall make an annual report to the Librarian of Congress of the work and accomplishments of the Copyright Office during the previous fiscal year. The annual report of the Register of Copyrights shall be published separately and as a part of the annual report of the Librarian of Congress.

§ 702. Copyright Office regulations

The Register of Copyrights is authorized to establish regulations not inconsistent with law for the administration of the functions and 24 duties made his responsibility under this title. All regulations established by the Register under this title are subject to the approval of the Librarian of Congress.

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§ 703. Effective date of actions in Copyright Office

In any case in which time limits are prescribed under this title

for the performance of an action in the Copyright Office, and in 30 which the last day of the prescribed period falls on a Saturday, Sunday, holiday or other non-business day within the District of Co32 lumbia or the Federal Government, the action may be taken on the

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next succeeding business day, and is effective as of the date when the 34 period expired.

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§ 704. Retention and disposition of articles deposited in Copyright

Office

(a) Upon their deposit in the Copyright Office under sections 407 and 408, all copies, phonorecords, and identifying material, including those deposited in connection with claims that have been refused registration, are the property of the United States Government.

(b) In the case of published works, all copies, phonorecords, and 8 identifying material deposited are available to the Library of Con9 gress for its collections, or for exchange or transfer to any other 10 library. In the case of unpublished works, the Library is entitled to select any deposits for its collections.

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(c) Deposits not selected by the Library under subsection (b), or 13 identifying portions or reproductions of them, shall be retained under the control of the Copyright Office, including retention in Govern15 ment storage facilities, for the longest period considered practicable and desirable by the Register of Copyrights and the Librarian of 17 Congress. After that period it is within the joint discretion of the 18 Register and the Librarian to order their destruction or other disposi19 tion; but, in the case of unpublished works, no deposit shall be de20 stroyed or otherwise disposed of during its term of copyright.

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(d) The depositor of copies, phonorecords, or identifying material under section 408, or the copyright owner of record, may request retention, under the control of the Copyright Office, of one or more of such articles for the full term of copyright in the work. The Register of Copyrights shall prescribe, by regulation, the conditions under which such requests are to be made and granted, and shall fix the 27 fee to be charged under section 708 (12) if the request is granted. § 705. Copyright Office records: Preparation, maintenance, public inspection, and searching

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(a) The Register of Copyrights shall provide and keep in the Copyright Office records of all deposits, registrations, recordations, and 32 other actions taken under this title, and shall prepare indexes of all such records.

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(b) Such records and indexes, as well as the articles deposited in connection with completed copyright registrations and retained under the control of the Copyright Office, shall be open to public inspection.

(c) Upon request and payment of the fee specified by section 708, the Copyright Office shall make a search of its public records, indexes, and deposits, and shall furnish a report of the information they disclose with respect to any particular deposits, registrations, or recorded documents.

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8706. Copies of Copyright Office records

(a) Copies may be made of any public records or indexes of the 3 Copyright Office; additional certificates of copyright registration and

4 copies of any public records or indexes may be furnished upon request and payment of the fees specified by section 708.

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(b) Copies or reproductions of deposited articles retained under the control of the Copyright Office shall be authorized or furnished 8 only under the conditions specified by the Copyright Office regulations. 9 8707. Copyright Office forms and publications

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10 (a) Catalog of COPYRIGHT ENTRIES.-The Register of Copyrights shall compile and publish at periodic intervals catalogs of all copy12 right registrations. These catalogs shall be divided into parts in accordance with the various classes of works, and the Register has discretion to determine on the basis of practicability and usefulness, the form and frequency of publication of each particular part.

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(b) OTHER PUBLICATIONS.-The Register shall furnish, free of charge upon request, application forms for copyright registration and 18 general informational material in connection with the functions of the 19 Copyright Office. He also has authority to publish compilations of 20 information, bibliographies, and other material he considers to be of value to the public.

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(c) DISTRIBUTION OF PUBLICATIONS.—All publications of the Copyright Office shall be furnished to depository libraries as specified under section 1905 of title 44, United States Code, and, aside from those furnished free of charge, shall be offered for sale to the public at prices based on the cost of reproduction and distribution.

§ 708. Copyright Office fees

(a) The following fees shall be paid to the Register of Copyrights: (1) for the registration of a copyright claim or a supplementary registration under section 408, including the issuance of a certificate of registration, $6;

(2) for the registration of a claim to renewal of a subsisting copyright in its first term under section 304 (a), including the issuance of a certificate of registration, $4;

(3) for the issuance of a receipt for a deposit under section 407, $2;

(4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document of six pages or less, covering no more than one title, $5; for each page over six and for each title over one, 50 cents additional;