No fees are charged for recording trade-marks or trade names in the Treasury Department. Art. 456. Name or mark inducing belief of American manufacture. Especial attention is invited to the prohibition against entry of articles which "shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured in any foreign country or locality other than the country or locality in which it is in fact manufactured," and collectors and other officers of the customs are instructed to use diligence to prevent violations of this provision. Art. 457. Detention-Exportation.-Customs officers will detain, but not seize, articles imported in violation of the trade-mark laws. Such articles may, upon the request of the importer, be exported under customs supervision. If no request is made for permission to export, the collector will report the facts to the department for instructions. Should the violation not be discovered until after entry and payment of duty, the entry may be canceled and the duty refunded upon exportation of the articles. COPYRIGHTS. T. D. 26198. T. D. 19265. 1909, sec. 30. Art. 458. Piratical copies.-Piratical copies of any work, Act Mar. 4, copyrighted in the United States are prohibited importations. "Piratical copies" are defined to mean either actual copies or substantial reproductions of legally copyrighted works, produced and imported in contravention of the rights of the copyright proprietor. Collectors will admit to entry imported articles, including moving-picture films, concerning which either (a) adverse copyrights are claimed by parties in interest, or (b) an infringement only is claimed. In such cases the copyright claimants will be remitted to their remedies at law or equity. Collectors will not permit delivery of imported articles if either (a) representations are made that they are piractical copies and such representations are not denied by the importers, or (b) if the collector is satisfied that they do, in fact, constitute piratical copies as above defined and not mere infringements. T. D. 33258. T. D. 20430. Collectors will detain articles covered by the preceding paragraph, and report the facts to the department for instructions. If the collector is not satisfied that an imported article is a piratical copy, and the importer files an affidavit denying that it is in fact such a piratical copy, and alleging that the detention of the article will result in a material depreciation of its value, or loss or damage to him, the article will be admitted to entry unless a written demand for its exclusion is filed by the copyright proprietor or other party in interest, setting forth that the imported article is a piratical copy of an article legally copyrighted in the United States, and unless there is also filed with the collector a good and sufficient bond conditioned to hold the importer or owner of such article harmless from any loss or damage resulting from its detention in the event that the same is held by the department not to be prohibited from importation under section 30 of the act of March 4, 1909. Upon the filing of such demand and bond the collector will cause the article to be detained, and will fix a time at which the parties in interest may submit evidence to substantiate their respective claims, which evidence shall be reduced to writing, at the expense of the parties in interest, and transmitted by the collector to the department with such report and recommendations as he may deem proper. No article will be presumed to be prohibited from entry as a piratical copy under said act, and the burden of proof that any article is in fact a piratical copy will be upon the party making such claim. If the article is held by the Department to be a piratical copy, its seizure and forfeiture will be directed in accordance with section 32 of the copyright act and the bond will be returned to the copyright proprietor, but, if not so held, the collector will be directed to release the article and transmit the bond to the importer. Art. 459. False notice of copyright.-Books, periodicals, newspapers, music, moving-picture films, and other articles, which bear a false notice of copyright; that is, words indicating that they have been copyrighted in the United States when they have not in fact been so copyrighted, are prohibited from importation. If the collector is satisfied that such importations are made without any willful intent to violate the law he may permit the same to be exported under customs supervision, or may permit delivery upon the false notice of copyright being removed or obliterated. 1909, secs. 15 and 31. 31754. Art. 460. Books-Periodicals-Newspapers-Manufactur- Act Mar. 4, ing requirements.-No copies of books, periodicals, or T. Ds. 22781, newspapers copyrighted in the United States (except 30136, 30414, such as are specifically mentioned in this article) may be imported unless both printed and bound in the United States, and furthermore, printed from type set in the United States or from plates made in the United States from type set therein; and if produced by lithographic or photo-engraving process, then such process must be wholly performed in the United States. Such requirements extend to illustrations and to separate lithographs and photo-engravings, except those representing subjects located in a foreign country and those illustrating a scientific work or reproducing works of art. Therefore delivery will not be permitted of copies of any books copyrighted in the United States which were not produced in accordance with the above paragraph, unless coming within the following classes: (1) Works in raised characters for the use of the blind. (2) Books of foreign origin in a language or languages other than English. (3) Books published abroad in the English language seeking ad interim protection under the copyright act. (4) Foreign newspapers or magazines, although containing matter copyrighted in the United States, printed or reprinted by authority of the copyright proprietor, unless such newspapers or magazines contain also copyrighted matter printed or reprinted without such authorization. (5) An authorized edition of a book in a foreign language or languages of which only a translation in English has been copyrighted in the United States. (6) Any book published abroad with the authorization of the author or copyright proprietor when imported under the following circumstances: (a) When imported not more than one copy at one time, for individual use, and not for sale; but such privilege of importation shall not extend to a foreign reprint of a book by an American author copyrighted in the United States. 3130°-15-16 Act Mar. 4, 1909, sec. 32. (b) When imported by the authority or for the use of the United States. (c) When imported for use and not for sale, not more than one copy of any such book in any one invoice, in good faith, by or for any society or institution incorporated for educational, literary, philosophical, scientific, or religious purposes, or for the encouragement of the fine arts; or for any college, academy, school, or seminary of learning, or for any State, school, college, university, or free public library in the United States. (d) When such books form parts of libraries or collections purchased en bloc for the use of societies, institutions, or libraries designated in the foregoing paragraph, or form parts of libraries or personal baggage belonging to persons or families arriving from foreign countries, and are not intended for sale. Art. 461. Exportation.—Authorized editions of copyrighted books imported in violation of the copyright act may, under customs supervision, be returned to the country of exportation whenever it is shown in a written application to the satisfaction of the Secretary of the Treasury that such importation was not due to willful negligence or fraud. |