Lapas attēli
PDF
ePub

Ey virtue of the Universal Copyright onvention, and has not registered a opyright claim, may secure to himself Customs protection against importation I piratical copies of the copyrighted ork in the following manner:

(1) In the case of books and other rinted works which may be readily entified by title and name of the auhor, the copyright proprietor, or any erson claiming actual or potential iniry by reason of actual or contemplated nportations of copies of such works, hall file in the Office of the Director, ustoms Information Exchange, 201 arick Street, New York 14, New York, a ertificate of registration issued by the opyright Office or, if copyright is laimed under section 9 (c) by virtue of Che Universal Copyright Convention and

registration has been made, a stateent setting forth the citizenship and omicile of the author at the time of ublication, the date and place of publiation, and a description of the work, acluding its title and the name of the uthor. There shall also be filed an pplication in duplicate for recordation the copyrighted work, accompanied

United States citizens mechanical reprofuction rights similar to those specified herein; (2) the obligatory deposit requireements of the first sentence of section 13; 8) the provisions of sections 14, 16, 17, and 8; (4) the import prohibitions of section 07, to the extent that they are related to he manufacturing requirements of section 6; and (5) the requirements of sections 19 ind 20: Provided, however, That such exmptions shall apply only if from the time of rst publication all the copies of the work ublished with the authority of the author rother copyright proprietor shall bear the ymbol accompanied by the name of The copyright proprietor and the year of first ublication placed in such manner and loation as to give reasonable notice of claim f copyright.

Upon the coming into force of the Unifersal Copyright Convention in a foreign tate or nation as hereinbefore provided, wery book or periodical of a citizen or subect thereof in which ad interim copyright was subsisting on the effective date of said oming into force shall have copyright for wenty-eight years from the date of first publication abroad without the necessity of complying with the further formalities specided in section 23 of this title.

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

[merged small][merged small][merged small][merged small][ocr errors][merged small]

(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 25, D. C. 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 $90 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. 56107, 29 F.R. 2335, Feb. 11, 1964; T.D. 56131, 29 F.R. 3596, Mar. 21, 1964]

§ 11.20 Piratical copies.

(a) Actual copies or substantial reproductions of legally copyrighted works produced and imported in contravention of the rights of the copyright proprietor shall be considered "piratical copies" within the meaning of the copyright act. (b) Collectors shall not permit delivery of imported articles if representations are made that they are piratical copies and such representations are not denied by the importers, or if the collection in the event that it is held by the tor is satisfied that they do in fact constitute piratical copies."

22 "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 th an imported article is a piratical co and the importer files a statement der ing that it is in fact a piratical copy a alleging that the detention of the arti will result in a material depreciation its value or loss or damage to him, t article shall be admitted to entry, unk a written demand for its exclusion is fil by the copyright proprietor or oth party in interest setting forth that t imported article is a piratical copy of article legally copyrighted in the Unit States, and unless there is also filed wi the collector a good and sufficient bo conditioned to hold the importer owner of such article harmless from a loss or damage resulting from its dete tion in the event that it is held by t Bureau not to be prohibited from impo tation under section 106 of the copyrig act.

(d) Upon the filing of such dema and bond, the collector shall detain t article and shall fix a time at which t parties in interest may submit eviden to substantiate their respective claim which evidence shall be reduced to wri ing at the expense of the parties in inte est. The burden of proof that any artic

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

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

"Third. When imported, for use and for sale, not more than one copy of any su book in any one invoice, in good faith i or for any society or institution incorporat for educational, literary, philosophical, scie tific, or religious purposes or for the encou agement of the fine arts, or for any colleg academy, school, or seminary of learning, for any State, school, college, university, free public library in the United States.

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

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

(e) If the article is held by the Bureau be a piratical copy, its seizure and foriture will be directed in accordance ith section 108 of the copyright act," id the bond will be returned to the copyght proprietor; but if the article is not held, the collector will be directed to lease it and transmit the bond to the aporter.

lec. 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.

(a) Copies of books or periodicals for hich manufacture in the United States

"Any and all articles prohibited importion by this title which are brought into le United States from any foreign country Acept in the mails) shall be seized and forIted by like proceedings as those provided law for the seizure and condemnation of operty imported into the United States in slation of the customs revenue laws. Such ticles when forfeited shall be destroyed in ch manner as the Secretary of the Treasy or the court, as the case may be, shall rect: Provided, however, That all copies of thorized editions of copyright books imrted in the mails or otherwise in violation the provisions of this title may be exported id returned to the country of export whener it is shown to the satisfaction of the cretary of the Treasury, in a written applition, that such importation does Wolve willful negligence or fraud." S. C. 108)

not

(17

Mechanical work to be done in United ates. Of the printed book or periodical ecified in section 5, subsections (a) and ), of this title, except the original text of book or periodical of foreign origin in a nguage or languages other than English, e text of all copies accorded protection unthis title, except as below provided, shall printed from type set within the limits the United States, either by hand or by the d of any kind of typesetting machine, or om plates made within the limits of the nited States from type set therein, or, if je text be produced by lithographic process, photoengraving process, then by a process holly performed within the limits of the nited States, and the printing of the text id binding of the said book shall be perrmed within the limits of the United ates; which requirements shall extend also the illustrations within a book consisting 'printed text and illustrations produced by thographic process, or photoengraving proc8, and also to separate lithographs or phoengravings, except where in either case the

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).

(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.

(c) When an ad interim copyright is extended to a full term copyright, as provided for in 17 U. S. C. 23, notice of such extension, together with the full-term registration number and the date thereof, shall be communicated by the copyright proprietor to the Commissioner of Customs, Washington, D.C., 20226, within 30 days after such date. (Secs. 16, 109, 61 Stat. 657, as amended, 664; 17 U.S.C. 16, 109)

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)

[blocks in formation]

SOURCE: The provisions of this Part 12 apar at 28 F.R. 14710, Dec. 31, 1963, unless herwise noted.

CROSS REFERENCE: For joint regulations omulgated by the Secretary of the Treas

and the Secretary of Agriculture, with spect to importations of economic poisons d devices under the regulations for the forcement of section 10 of the Federal Initicide, Fungicide, and Rodenticide Act, see CFR Part 362.

ODS, DRUGS, AND COSMETICS, ECONOMIC POISONS, AND CAUSTIC OR CORROSIVE SUBSTANCES

12.1 Cooperation with certain agencies; joint regulations.

(a) The importation into the United ates of food, drugs, devices, and cosetics, as defined in section 201 (f), (g), , and (i) of the Federal Food, Drug, id Cosmetic Act,' is governed by section 1 of said act and regulations issued der section 701(b) of said act.'

"(f) The term 'food' means (1) articles ed for food or drink for man or other anials, (2) chewing gum, and (3) articles used components of any such article.

"(g) The term 'drug' means (1) articles cognized in the official United States Pharacopoeia, officia' Homeopathic Pharmacoela of the United States, or official National rmulary, or any supplement to any of em; and (2) articles intended for use in e diagnosis, cure, mitigation, treatment, or evention of disease in man or other anials; and (3) articles (other than food) innded to affect the structure or any funcin of the body of man or other animals; id (4) articles intended for use as a comment of any article in clause (1), (2), or ; but does not include devices or their mponents, parts, or accessories.

(b) The term 'device' (except when used paragraph (n) of this section and in secons 331 (1), 343 (f), 352 (c), and 362 (c)) eans instruments, apparatus, and contriinces, including their components, parts, id accessories, intended (1) for use in the lagnosis. cure. mitigation, treatment, or evention of disease in man or other anials; or (2) to affect the structure or any inction of the body of man or other animals. "(1) The term 'cosmetic' means (1) arties intended to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise pplied to the human body or any part hereof for cleansing, beautifying, promoting ttractiveness, or altering the appearance, ad (2) articles intended for use as a comonent of any such articles; except that such rm shall not include soap." (21 U. S. C. 1 (f), (g), (h), and (i))

See Appendix XI, Customs Regulations I 1943.

(b) The importation of insecticides and certain other economic poisons and devices is governed by section 10 of the Federal Insecticide, Fungicide, and Rodenticide Act of June 25, 1947 (7 U. S. C. Sup., 135h) and regulations issued thereunder.'

(c) The importation of dangerous caustic or corrosive substances, as defined in section 2 (a) of the Federal Caustic Poison Act,' is governed by sec

'See Appendix XI, Customs Regulations of 1943. The classes of articles covered by the act are defined in section 2 of the act (7 U. S. C. 135).

"The term 'dangerous caustic or corrosive substance' means:

"(1) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of 10 per centum or more;

"(2) Sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H,SO,) in a concentration of 10 per centum or more;

"(3) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO,) in a concentration of 5 per centum or more;

"(4) Carbolic (C,H,OH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of 5 per centum or more:

"(5) Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H,C,O,) in a concentration of 10 per centum or more;

"(6) Any salt of oxalic acid and any preparation containing any such salt in a concentration of 10 per centum or more;

"(7) Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H ̧O2) in a concentration of 20 per centum or more;

"(8) Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield 10 per centum or more by weight of available chlorine, excluding calx chlorinata, bleaching powder, and chloride of lime;

"(9) Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of 10 per centum or more;

"(10) Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of 10 per centum or more;

"(11) Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of 5 per centum or more; and

"(12) Ammonia water and any preparation containing free or chemically uncombined ammonia (NH,), including ammonium

« iepriekšējāTurpināt »