(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 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.

Section 603.  Importation prohibitions:  Enforcement and disposition of excluded articles [2]

(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.

(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 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 would violate the prohibition in section 602; the person seeking exclusion 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.

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Chapter 6 Endnotes

1 In 1982, section 601(a) was amended in the first sentence by substituting “1986” for “1982.”  Pub.  L. No. 97-215, 96 Stat. 178.

2 The Anticounterfeiting Consumer Protection Act of 1996 amended the last sentence of section 603(c) by deleting the semicolon and all text immediately following the words “as the case may be.”  Pub.  L. No. 104-153, 110 Stat. 1386, 1388.

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Chapter 7 [1]

Copyright Office

+ 701.  The Copyright Office:  General responsibilities and organization
+ 702.  Copyright Office regulations
+ 703.  Effective date of actions in Copyright Office
+ 704.  Retention and disposition of articles deposited in Copyright
Office
+ 705.  Copyright Office records:  Preparation, maintenance, public
inspection, and searching
+ 706.  Copies of Copyright Office records
+ 707.  Copyright Office forms and publications
+ 708.  Copyright Office fees
+ 709.  Delay in delivery caused by disruption of postal or other
services