Page:H.R. Rep. No. 94-1476 (1976) Page 327.djvu

 {|cellpadding="3" style="font-size:smaller" !width="33%" valign="top" align="center" |TEXT ADOPTED BY SENATE !width="33%" valign="top" align="center" |TEXT OF EXISTING LAW !width="33%" valign="top" align="center" |TEXT OF COMMITTEE SUBSTITUTE AMENDMENT
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 * 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 Customs Service of the importation of articles that appear to be copies or phonorecords of the work.
 * . In a case where the copies or phonorecords were lawfully made, the United States Customs Service 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 Customs Service of the importation of articles that appear to be copies or phonorecords of the work.
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 * § 603. Importation prohibitions: Enforcement and disposition of excluded articles
 * rowspan="5" |§ 109. —The Secretary of the Treasury and the Postmaster General are hereby empowered and required to make and enforce individually or jointly such rules and regulations as shall prevent the importation into the United States of articles prohibited importation by this title, and may require, as conditions precedent to exclusion of any work in which copyright is claimed, the copyright proprietor or any person claiming actual or potential injury by reason of actual or contemplated importations of copies of such work to file with the Post Office Department or the Treasury Department a certificate of the Register of Copyrights that the provisions of section 13 of this title have been fully complied with, and to give notice of such compliance to postmasters or to customs officers at the ports of entry in the United States in such form and accompanied by such exhibits as may be deemed necessary for the practical and efficient administration and enforcement of the provisions of sections 106 and 107 of this title.
 * § 603. Importation prohibitions: Enforcement and disposition of excluded articles
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 * (a) The Secretary of the Treasury and the United States Postal Service shall separately or jointly make regulations for the enforcement of the provisions of this title prohibiting importation.
 * (a) The Secretary of the Treasury and the United States Postal Service shall separately or jointly make regulations for the enforcement of the provisions of this title prohibiting importation.
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 * (b) These regulations may require, as a condition for the exclusion of articles under section 602:
 * (b) These regulations may require, as a condition for the exclusion of articles under section 602—
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 * (1) that the person seeking exclusion obtain a court order enjoining importation of the articles; or
 * (1) that the person seeking exclusion obtain a court order enjoining importation of the articles; or
 * (1) that the person seeking exclusion obtain a court order enjoining importation of the articles; or


 * (1) that the person seeking exclusion obtain a court order enjoining importation of the articles; or
 * (1) that the person seeking exclusion obtain a court order enjoining importation of the articles; or


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 * (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.
 * (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.


 * (2) that the person seeking exclusion furnish proof, of a specified nature and in accordance with prescribed procedures, that the copyright in which such person claims an interest is valid and that the importation
 * (2) that the person seeking exclusion furnish proof, of a specified nature and in accordance with prescribed procedures, that the copyright in which such person claims an interest is valid and that the importation


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