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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 distributo-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.
(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.
8 603. 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 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 Sec. 701. The Copyright Office: general responsibilities and organization. 702. Copyright Office regulations. 703. Effective date actions in Copyright Office. 704. Retention and disposition of articles deposited in Copyright Office. 705. Copyright Office records : preparation, mainterrance, public inspection, and
searching 706. Copies of Copyright Office records. 707. Copyright Office forms and publications. 708. Copyright Office fees. 8 701. The Copyright Office: General responsibilities and organi
zation (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 2
after January 1, 1967 to authenticate all certified documents issued by 8
the Copyright Office. 4
(c) The Register of Copyrights shall make an annual report to the 8
Librarian of Congress of the work and accomplishments of the Copy6
right Office during the previous fiscal year. The annual report of the 7 Register of Copyrights shall be published separately and as a part of 8 the annual report of the Librarian of Congress. 9 8 702. Copyright Office regulations 10 The Register of Copyrights is authorized to establish regulations 11 not inconsistent with law for the administration of the functions and 12 duties made his responsibility under this title. All regulations estab18
lished by the Register under this title are subject to the approval of 14 the Librarian of Congress. 18 8703. Effective date of actions in Copyright Office 16 In any case in which time limits are prescribed under this title for 17
the performance of an action in the Copyright Office, and in which 18 the last day of the prescribed period falls on a Saturday, Sunday, holi19 day or other non-business day within the District of Columbia or the 20 Federal Government, the action may be taken on the next succeeding 21 business day, and is effective as of the date when the period expired.
8 704. Retention and disposition of articles deposited in Copy28
right Office 24 (a) Upon their deposit in the Copyright Office under sections 406 25 and 407, all copies, phonorecords, and identifying material, including 26 those deposited in connection with claims that have been refused regis27 tration, are the property of the United States Government. 28 (b) In the case of published works, all copies, phonorecords, and
identifying material deposited are available to the Library of Congress 80 for its collections, or for exchange or transfer to any other library. In 31 the case of unpublished works, the Library is entitled to select any de82 posits for its collections. 88 (c) Deposits not selected by the Library under subsection (b), or 84
identifying portions or reproductions of them, shall be retained under 88 the control of the Copyright Office, including retention in Government 36 storage facilities, for the longest period considered practicable and de87 sirable by the Register of Copyrights and the Librarian of Congress. 38 After that period it is within the joint discretion of the Register and 89 the Librarian to order their destruction or other disposition; but, in 40 the case of unpublished works, no deposit shall be destroyed or other
wise 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: Preparation, 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. 8 706. 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 furnished 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. 8 707. 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.
22 23 24
1 (b) OTHER PUBLICATIONS.—The Register shall furnish, free of 2 charge upon request, application forms for copyright registration and 3 general informational material in connection with the functions of the 4 Copyright Office. He also has authority to publish compilations of 5 information, bibliographies, and other material he considers to be 6 of value to the public. 7 (c) DISTRIBUTION OF PUBLICATIONS.—All publications of the Copy8 right Office shall be furnished to depository libraries as specified under 9 the Depository Library Act of 1962 (76 Stat. 353, 44 U.S.C. 82), and, 10 aside from those furnished free of charge, shall be offered for sale 11 to the public at prices based on the cost of reproduction and distri12 bution. 13 8 708. Copyright Office fees 14 (a) The following fees shall be paid to the Register of Copyrights: 15
(1) for the registration of a copyright claim or a supplementary 16 registration under section 407, including the issuance of a cer17 tificate of registration, $6; 18
(2) for the registration of a claim to renewal of a subsisting 19 copyright in its first term under section 304(a), including the 20 issuance of a certificate of registration, $4; 21
(3) for the issuance of a receipt for a deposit under section 22 406, $2; 23 (4) for the recordation, as provided by section 205, of a transfer 24 of copyright ownership or other document of six pages or less, 25 covering no more than one title, $5; for each page over six and for 26 each title over one, 50 cents additional; 27
(5) for the filing, under section 113(b), of a notice of intention 28 to make phonorecords, $3 ; 29
(6) for the recordation, under section 302(d), of a statement 30 relating to the death of an author, $5; 31 (7) for the issuance, under section 601, of an import state32 ment, $3; 33
(8) for the issuance under section 706, of an additional certifi34 cate of registration, $2; 35 (9) for the issuance of any other certification, $3; the Register 86 of Copyrights has discretion, on the basis of their cost, to fix 37 the fees for preparing copies of Copyright Office records, whether 38 they are to be certified or not; 39
(10) for the making and reporting of a search as provided by 40 section 705, and for any related services, $5 for each hour or 41 fraction of an hour consumed;