2827, 2831. This section was originally
designated as section 512. However, because two sections 512 had been
enacted into law in 1998, a technical amendment redesignated this as
section 513. Pub. L. No. 106-44, 113 Stat. 221. See also endnote 2*,
supra.*
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Chapter 6
Manufacturing Requirements 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
Section 601. Manufacture, importation, and public distribution of certain
copies [1]
(a) Prior to July 1, 1986, 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 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 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 substantial part of the work was prepared for an employer or
other person who is not a national or domiciliary of the United States
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 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 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
(B) the first publication of the work has previously taken place outside
the United States under a transfer or license granted by such author to
a transferee or licensee who was not a national or domiciliary of the
United States or a domestic corporation or enterprise; and
(C) there has been no publication of an authorized edition of the work
of which the copies were manufactured in the United States; and
(D) the copies were reproduced under a transfer or license granted by
such author or by the transferee or licensee of the right of first
publication as mentioned in subclause (B), and the transferee or the
licensee of the right of reproduction was not a national or domiciliary
of the United States or a domestic corporation or enterprise.
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