bution, by any person with respect to no more than one copy or
phonorecord of any one work at any one time, or by any person arriving
from outside the United States with respect to copies or phonorecords
forming part of such person's personal baggage; or
(3) importation by or for an organization operated for scholarly,
educational, or religious purposes and not for private gain, with
respect to no more than one copy of an audiovisual work solely for its
archival purposes, and no more than five copies or phonorecords of any
other work for its library lending or archival purposes, unless the
importation of such copies or phonorecords is part of an activity
consisting of systematic reproduction or distribution, engaged in by
such organization in violation of the provisions of section 108(g)(2).
(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 of phonorecords of the work.
Section 603. Importation prohibitions: Enforcement and disposition of
excluded articles.
(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 u
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