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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 () 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 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 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 $ 602. 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 a work that have been acquired abroad is an infringement of the 31 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 34 or for the use of the government of the United States or of any 35 State or political subdivision of a State but not including copies 36 or phonorecords for use in schools, or copies of any audiovisual 37 work imported for purposes other than archival use; 38

(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,

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 $ 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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1 tion of the Secretary of the Treasury that the importer had no reason2 able grounds for believing that his acts constituted a violation of law. 3

Chapter 7-COPYRIGHT OFFICE
Sec.
701. The Copyright Office : General responsibilities and organization.
702. Copyright Office regulations.
708. Effective date of actions in Copyright Ofice.
704. Retention and disposition of articles deposited in Copyright Office.
705. Copyright Office records: Preparation, maintenance, public inspection, and

searching.
708. Copies of Copyright omce records.
707. Copyright Office forms and publications.

708. Copyright Office fees. 4 8 701. The Copyright Office: General responsibilities and orga5

nization 6 (a) All administrative functions and duties under this title, ex7 cept as otherwise specified, are the responsibility of the Register of 8 Copyrights as director of the Copyright Office in the Library of 9 Congress. The Register of Copyrights, together with the subordi10 nate officers and employees of the Copyright Office, shall be appointed 11 by the Librarian of Congress, and shall act under his general di12 rection and supervision. 13 (b) The Register of Copyrights shall adopt a seal to be used on 14 and after January 1, 1975, to authenticate all certified documents 15 issued by the Copyright Office. 16 (c) The Register of Copyrights shall make an annual report to 17 the Librarian of Congress of the work and accomplishments of the 18 Copyright Office during the previous fiscal year. The annual report 19 of the Register of Copyrights shall be published separately and as 20 a part of the annual report of the Librarian of Congress. 21 8 702. Copyright Office regulations 22 The Register of Copyrights is authorized to establish regulations 23 not inconsistent with law for the administration of the functions and 24 duties made his responsibility under this title. All regulations estab25 lished by the Register under this title are subject to the approval of 26 the Librarian of Congress. 27 8703. Effective date of actions in Copyright Office 28 In any case in which time limits are prescribed under this title 29 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, Sun31 day, holiday or other non-business day within the District of Co32 lumbia or the Federal Government, the action may be taken on the 33 next succeeding business day, and is effective as of the date when the 34 period expired.

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1 8704. Retention and disposition of articles deposited in Copyright 2

Office 3 (a) Upon their deposit in the Copyright Office under sections 407 4 and 408, all copies, phonorecords, and identifying material, including

those deposited in connection with claims that have been refused 6 registration, are the property of the United States Government. 7 (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 11 select any deposits for its collections. 12 (c) Deposits not selected by the Library under subsection (b), or 13 identifying portions or reproductions of them, shall be retained under 14 the control of the Copyright Office, including retention in Govern15 ment storage facilities, for the longest period considered practicable 16 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. 21 (d) The depositor of copies, phonorecords, or identifying material 22 under section 408, or the copyright owner of record, may request 23 retention, under the control of the Copyright Office, of one or more 24 of such articles for the full term of copyright in the work. The Register 25

of Copyrights shall prescribe, by regulation, the conditions under 26 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. 28 8 705. Copyright Office records: Preparation, maintenance, public 29

inspection, and searching 30 (a) The Register of Copyrights shall provide and keep in the Copy31 right Office records of all deposits, registrations, recordations, and 32 other actions taken under this title, and shall prepare indexes of all 33 such records. 34 (b) Such records and indexes, as well as the articles deposited in 35 connection with completed copyright registrations and retained under 36 the control of the Copyright Office, shall be open to public inspection. 37 (c) Upon request and payment of the fee specified by section 708, 38 the Copyright Office shall make a search of its public records, indexes, 39 and deposits, and shall furnish a report of the information they dis40 close with respect to any particular deposits, registrations, or recorded 41 documents.

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1 8706. Copies of Copyright Office records 2 (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 5 and payment of the fees specified by section 708. 6 (b) Copies or reproductions of deposited articles retained under 7 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 10 (a) CATALOG OF COPYRIGHT ENTRIES.— The Register of Copyrights 11 shall compile and publish at periodic intervals catalogs of all copy12 right registrations. These catalogs shall be divided into parts in 18 accordance with the various classes of works, and the Register has 14 discretion to determine on the basis of practicability and usefulness, 15 the form and frequency of publication of each particular part. 16 (b) OTHER PUBLICATIONS.—The Register shall furnish, free of 17 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 21 of value to the public. 22 (c) DISTRIBUTION OF PUBLICATIONS.—All publications of the Copy28 right Office shall be furnished to depository libraries as specified under 24 section 1905 of title 44, United States Code, and, aside from those fur25 nished free of charge, shall be offered for sale to the public at prices 26 based on the cost of reproduction and distribution. 27 $ 708. Copyright Office fees 28 (a) The following fees shall be paid to the Register of Copyrights: 29

(1) for the registration of a copyright claim or a supplementary 30 registration under section 408, including the issuance of a certifi31 cate of registration, $6; 32 (2) for the registration of a claim to renewal of a subsisting 38 copyright in its first term under section 304(a), including the 34 issuance of a certificate of registration, $4; 35

(3) for the issuance of a receipt for a deposit under section 36 407, $2; 37

(4) for the recordation, as provided by section 205, of a transfer 38 of copyright ownership or other document of six pages or less, 39 covering no more than one title, $5; for each page over six and 40 for each title over one, 50 cents additional;

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