Page:United States Statutes at Large Volume 90 Part 2.djvu/1120

 90 STAT. 2588

PUBLIC LAW 94-553—OCT. 19, 1976 Chapter 6.—MANUFACTURING REQUIREMENTS IMPORTATION

AND

Sec.

601. Manufacture, importation, and public distribution of certain copies. 602. Infringing importation of copies or plionorecords. 603. Importation prohibitions: Enforcement and disposition of excluded articles.

17 USC 601.

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§ 601. Manufacture, importation, and public distribution of certain copies (a) Prior to July 1, 1982, and except as provided by subsection (b), the importation into or public distribution in the United States of copies of a work consisting preponderantly of nondramtic 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 or Canada. (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 national nor a domiciliary of the United States or, if such author is a national of the United States, he or she has been domiciled outside the United States for a continuous period of at least one year immediately preceding that date; in the case of a work made for hire, the exemption provided by this clause does not apply unless a subsustantial part of the work was prepared for an employer or other person who is not a national or domiciliary of the United States u 5. or a domestic corporation or enterprise; (2) where the United States Customs Service is presented with an import statement issued under the seal of the Copyright Office, in which case a total of no more than two thousand 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 such owner at the time of registration for the work under section 408 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 or political subdivision of a 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 work at any one time; (B) by any person arriving from outside the United States, with respect to copies forming part of such person's
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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; or (6) where, in addition to copies imported under clauses (3) and (4) of this subsection, no more than two thousand copies of any ' one such work, which have not been manufactured in the United ' States or Canada, are publicly distributed in the United States; or (7) where, on the date when importation is sought or public t distribution in the United States is made— (A) the author of any substantial part of such material is an individual and receives compensation for the transfer or license of the right to distribute the work in the United States; and

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