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19 U.S.C. § 4343 — Notification of persons injured by circumvention devices

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4343 — Notification of persons injured by circumvention devices

(1) **In general** — Not later than the date that is 30 business days after seizing merchandise pursuant to subparagraph (G) of [section 1595a(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1595a/c/2&num=0&edition=prelim), the Commissioner shall provide to any person identified under paragraph (2) information regarding the merchandise seized that is equivalent to information provided to copyright owners under regulations of U.S. Customs and Border Protection for merchandise seized for violation of the copyright laws. (2) **Persons to be provided information** — Any person injured by the violation of subsection (a)(2) or (b)(1) of [section 1201 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section1201&num=0&edition=prelim) that resulted in the seizure of the merchandise shall be provided information under paragraph (1), if that person is included on a list to be established and maintained by the Commissioner. The Commissioner shall publish notice of the establishment of and revisions to the list in the Federal Register. (3) **Regulations** — Not later than the date that is one year after February 24, 2016, the Secretary of the Treasury shall prescribe regulations establishing procedures that implement this section.

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Source location: Title 19, Chapter 28, § 4343; chapter-028-trade-facilitation-and-trade-enforcement.md

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 1201 — Circumvention of copyright protection systems

**(a) Violations Regarding Circumvention of Technological Measures.—** (1) (A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter. (B) The prohibition contained in subparagraph (A) shall not apply to persons who are users of a copyrighted work which is in a particular class of works, if such persons are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of such prohibition in their ability to make noninfringing uses of that particular class of works under this title, as determined under subparagraph (C). (C) During the 2-year period described in subparagraph (A), and during each succeeding 3-year period, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall make the determination in a rulemaking proceeding for purposes of subparagraph (B) of whether persons who are users of a copyrighted work are, or are likely to be in the succeeding 3-year period, adversely affected by the prohibition under subparagraph (A) in their ability to make noninfringing uses under this title of a particular class of copyrighted works. In conducting such rulemaking, the Librarian shall examine— (i) the availability for use of copyrighted works; (ii) the availability for use of works for nonprofit archival, preservation, and educational purposes; (iii) the impact that the prohibition on the circumve

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4343 — Enforcement by U.S. Customs and Border

Page 1103 TITLE 19—CUSTOMS DUTIES § 4345 (1), if that person is included on a list to be es- tablished and maintained by the Commissioner. The Commissioner shall publish notice of the es- tablishment of and revisions to the list in the Federal Register. (3) Regulations Not later than the date that is one year after February 24, 2016, the Secretary of the Treasury shall prescribe regulations establishing proce- dures that implement this section. (Pub. L. 114–125, title III, § 303(b), Feb. 24, 2016, 130 Stat. 150.) § 4343. Enforcement by U.S. Customs and Border Protection of works for which copyright reg- istration is pending Not later than the date that is 180 days after February 24, 2016, the Secretary of Homeland Se- curity shall authorize a process pursuant to which the Commissioner shall enforce a copy- right for which the owner has submitted an ap- plication for registration under title 17 with the United States Copyright Office, to the same ex- tent and in the same manner as if the copyright were registered with the Copyright Office, in- cluding by sharing information, images, and samples of merchandise suspected of infringing the copyright under section 1628a of this title. (Pub. L. 114–125, title III, § 304, Feb. 24, 2016, 130 Stat. 150.) § 4344. National Intellectual Property Rights Co- ordination Center (a) Establishment The Secretary of Homeland Security shall— (1) establish within U.S. Immigration and Customs Enforcement a National Intellectual Property Rights Coordination Center; and (2) appoint an Assistant Director to head the National Intellectual Property Rights Coordi- nation Center. (b) Duties The Assistant Director of the National Intel- lectual Property Rights Coordination Center shall— (1) coordinate the investigation of

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