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(c) Upon receiving the notifications specified in this section, the Register shall make them a part of the public records of the Copyright Office.
CHAPTER 6-MANUFACTURING REQUIREMENT AND IMPORTATION
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.
§ 601. Manufacture, importation, and public distribution of certain copies (a) 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.
(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 citizen nor a domiciliary of the United States;
(2) where the Bureau of Customs is presented with an import statement issued under the seal of the Copyright Office, in which case a total of no more than 3,500 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 407 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; (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 (3) and (4) of this subsection, no more than 3,500 copies of any one such work, which have not been manufactured in the United States, are publicly distributed in the United States.
(c) The requirement of this section that copies be manufactured in the United States is satisfied where they have been printed from type set in the United States, either by hand or by the aid of any typesetting machine, or from plates made in the United States from type set therein, or, if the text has been produced by lithographic process, or photoengraving process, then by a process wholly performed in the United States, and where the printing of the text and binding of the copies have been performed in the United States. If the copies have been printed or produced by any process other than those specified in this subsection, the requirement is satisfied where every step in their reproductive manufacture took place in the United States.
(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 action for infringement of the exclusive rights to reproduce and distribute copies of the work, the infringer has a complete defense if :
(1) he proves that copies of the work have been imported into or publicly distributed in the United States in violation of this section, and that the infringing copies were manufactured in the United States; and
(2) the owner of such exclusive rights then fails to sustain the burden of proving either:
(A) that such importation or public distribution was without his authority or acquiescence; or
(B) that the infringement was commenced more than three months after the effective date of registration for an authorized edition of the work, the copies of which have been manufactured in the United States.
§ 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 for the purpose of distribution to the public is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under section 501. This section does not apply to importation by an organization operated for scholarly, educational, or religious purposes and not for private gain, with respect to copies or phonorecords intended to form a part of its library.
(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 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; however, the articles may be returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his acts constituted a violation of law.
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, 1967, 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 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.
§ 703. Effective of 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 which the last day of the prescribed period falls on a Saturday, Sunday, holiday or other non-business day within the District of Columbia or the Federal Government, the action may be taken on the next succeeding business day, and is effective as of the date when the period expired.
§ 704. Retention and disposition of articles deposited in Copyright Office
(a) Upon their deposit in the Copyright Office under sections 406 and 407, 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 identifying material deposited are available to the Library of Congress for its collections, or for exchange or transfer to any other library. In the case of unpublished works, the Library is entitled to select any deposits for its collections.
(c) Deposits not selected by the Library under subsection (b), or identifying portions or reproductions of them, shall be retained under the control of the Copyright Office, including retention in Government storage facilities, for the longest period considered practicable and desirable by the Register of Copyrights and the Librarian of Congress. After that period it is within the joint discretion of the Register and the Librarian to order their destruction or other disposition; but, in the case of unpublished works, no deposit shall be destroyed or otherwise disposed of during its term of copyright without specific notice to the copyright owner of record at his last address given in the public records of the Copyright Office, permitting him to claim and remove it.
(d) The depositor of copies, phonorecords, or identifying material under section 407, 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 fee to be charged under section 708 (11) if the request is granted. § 705. Copyright Office records: Preparations, maintenance, public inspection, and searching
(a) The Register of Copyrights shall provide and keep in the Copyright Office records of all deposits, registrations, recordations, and other actions taken under this title, and shall prepare indexes of all such records.
(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.
§ 706. Copies of Copyright Office records
(a) Copies may be made of any public records or indexes of the Copyright Office; additional certificates of copyright registration and copies of any public records or indexes may be furinshed upon request and payment of the fees specified by section 708.
(b) Copies or reproductions of deposited articles retained under the control of the Copyright Office shall be authorized or furnished only under the conditions specified by the Copyright Office regulations.
§ 707. Copyright Office forms and publications
(a) CATALOG OF COPYRIGHT ENTRIES.-The Register of Copyrights shall compile and publish at periodic intervals catalogs of all copyright 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. (b) OTHER PUBLICATIONS.-The Register shall furnish, free of charge upon request, application forms for copyright registration and general informational material in connection with the functions of the Copyright Office. He also has authority to publish compilations of information, bibliographies, and other material he considers to be of value to the public.
(c) DISTRIBUTION OF PUBLICATIONS.-All publications of the Copyright Office shall be furnished to depository libraries as specified under the Depository Library Act of 1962 (76 Stat. 353, 44 U.S.C. 82), 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 407, 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 406, $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;
(5) for the filing, under section 113(b), of a notice of intention to make phonorecords, $3;
(6) for the recordation, under section 302(d), of a statement relating to the death of an author, $5;
(7) for the issuance, under section 601, of an import statement, $3; (8) for the issuance under section 706, of an additional certificate of registration, $2;
(9) for the issuance of any other certification, $3; the Register of Copyrights has discretion, on the basis of their cost, to fix the fees for preparing copies of Copyright Office records, whether they are to be certified or not; (10) for the making and reporting of a search as provided by section 705, and for any related services, $5 for each hour or fraction of an hour consumed;
(11) for any other special services requiring a substantial amount of time or expense, such fees as the Register of Copyrights may fix on the basis of the cost of providing the service.
(b) The fees prescribed by or under this section are applicable to the United States Government and any of its agencies, employees, or officers, but the Register of Copyrights has discretion to waive the requirement of this subsection in occasional or isolated cases involving relatively small amounts.
TRANSITIONAL AND SUPPLEMENTARY PROVISIONS
SEC. 2. This act becomes effective on January 1, 1967, except as otherwise provided by section 304 (b) of title 17 as amended by this act.
SEC. 3. This act does not provide copyright protection for any work that goes into the public domain before January 1, 1967. The exclusive rights, as provided by section 106(a) of title 17 as amended by this act, to reproduce a work in phonorecords and to distribute phonorecords of the work, do not extend to any nondramatic musical work copyrighted before July 1, 1909.
SEC. 4. All proclamations issued by the President under sections 1(e) or 9(b) of title 17 as it existed on December 31, 1966 or under previous copyright statutes of the United States shall continue in force until terminated, suspended, or revised by the President.
SEC. 5. The last sentence of section 52 of the Printing Act, approved January 12, 1895 (28 Stat. 608; 44 U.S.C. 58) is hereby repealed.
SEC. 6. In any case where, before January 1, 1967, a person has lawfully made parts of instruments serving to reproduce mechanically a copyrighted work under the compulsory license provisions of section 1(e) of title 17 as it existed on December 31, 1966, he may continue to make and distribute such parts embodying
the same mechanical reproduction without obtaining a new compulsory license under the terms of section 113 of title 17 as amended by this act. However, such parts made after January 1, 1967 constitute phonorecords and are otherwise subject to the provisions of said section 113.
SEC. 7. In the case of any work in which an ad interim copyright is subsisting or is capable of being secured on December 31, 1966, under section 22 of title 17 as it existed on that date, copyright protection is hereby extended to endure for the term or terms provided by section 304 of title 17 as amended by this act.
SEC. 8. The notice provisions of sections 401 and 402 of title 17 as amended by this act apply to all copies or phonorecords publicly distributed on or after January 1, 1967. However, in the case of a work published before January 1, 1967, compliance with the notice provisions of title 17 either as it existed on December 31, 1966, or as amended by this act, is adequate with respect to copies publicly distributed after December 31, 1966.
SEC. 9. The registration of claims to copyright for which the required deposit, application, and fee were received in the Copyright Office before January 1, 1967, and the recordation of assignments of copyright or other instruments received in the Copyright Office before January 1, 1967, shall be made in accordance with title 17 as it existed on December 31, 1966.
SEC. 10. The demand and penalty provisions of section 14 of title 17 as it existed on December 31, 1966, apply to any work in which copyright has been secured by publication with notice of copyright on or before that date, but any deposit and registration made after that date in response to a demand under that section shall be made in accordance with the provisions of title 17 as amended by this act.
SEC. 11. All causes of action that arose under title 17 before January 1, 1967, shall be governed by title 17 as it existed when the cause of action arose.
SEC. 12. If any provision of title 17, as amended by this act, is declared unconstitutional, the validity of the remainder of the title is not affected.
HIGHLIGHTS OF 1965 BILL For General REVISION OF THE U.S. Copyright Law
In February 1965, a new bill for general revision of the U.S. copyright law was introduced in the 89th Congress. The new 1965 bill, the highlights of which appear below, is in most major respects the same as the general revision bills introduced in the 88th Congress (S. 3008, H.R. 11947, H.R. 12354). There have been a number of technical changes intended to improve or clarify the language of the bill, and a few changes on matters of substance. Comments on the provisions of the bill may be sent to the chairmen of the House and Senate Judiciary Committees or to the Copyright Office. Single national system.-Instead of the present dual system of protecting works under the common law before they are published and under the Federal statute after publication, the bill would establish a single system of statutory protection for all works whether published or unpublished.
Duration of term.-The present term of copyright is 28 years from first publication or registration, renewable by certain persons for a second period of 28 years. The bill provides for a term of the author's life plus 50 years, in order to bring it into line with the copyright term in most countries. For anonymous works and works made for hire, the term would be 75 years from publication, with a maximum limit of 100 years from creation of the work. The life-plus-50 or the 100-year term would apply to unpublished works, which are now protected under the common law without time limit.
Limitation on author's assignments.-Under the present law, the renewal copyright after the first term of 28 years reverts in certain situations to the author or other specified beneficiaries. The bill drops this renewal device, but permits the author or his widow and children to terminate a grant of his rights after 35 years (or up to 40 years in certain situations) by serving written notice on the grantee. Grantees who have made derivative works during the 35 years could continue to use them.
Sound recordings.-Sound recordings would be added to the list of protected works, but the exclusive rights would be limited to protection against actual duplication and the sale of “dubbed" records.
Government publications.-The revised bill continues the prohibition in the present law against copyright in "Government publications" and provides for no exceptions, but it attempts to clarify the scope of the prohibition.