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17 U.S.C. § 603 — Importation prohibitions: Enforcement and disposition of excluded articles
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 17, Chapter 6, § 603; chapter-006-importation-and-exportation.md
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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.
**(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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Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
Page 181
TITLE 17—COPYRIGHTS
§ 603
Section 602(a) first states the general rule that unau-
thorized importation is an infringement merely if the
copies or phonorecords ‘‘have been acquired outside the
United States’’, but then enumerates three specific ex-
ceptions: (1) importation under the authority or for the
use of a governmental body, but not including material
for use in schools or copies of an audiovisual work im-
ported for any purpose other than archival use; (2) im-
portation for the private use of the importer of no more
than one copy or phonorecord of a work at a time, or
of articles in the personal baggage of travelers from
abroad; or (3) importation by nonprofit organizations
‘‘operated for scholarly, educational, or religious pur-
poses’’ of ‘‘no more than one copy of an audiovisual
work solely for archival purposes, and no more than
five copies or phonorecords of any other work for its li-
brary lending or archival purposes.’’ The bill specifies
that the third exception does not apply if the importa-
tion ‘‘is part of an activity consisting of systematic re-
production or distribution, engaged in by such organi-
zation in violation of the provisions of section
108(g)(2).’’
If none of the three exemptions applies, any unau-
thorized importer of copies or phonorecords acquired
abroad could be sued for damages and enjoined from
making any use of them, even before any public dis-
tribution in this country has taken place.
Importation of ‘‘Piratical’’ Copies. Section 602(b) re-
tains the present statute’s prohibition against importa-
tion of ‘‘piratical’’ copies or phonorecords—those whose
making ‘‘would have constituted an infringement of
copyright if this title has been applicable.’’ Thus, the
Customs Service could exclude copies or phonor
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