he
United States or Canada is satisfied if-
(1) in the case where the copies are printed directly from type that has
been set, or directly from plates made from such type, the setting of
the type and the making of the plates have been performed in the United
States or Canada; or
(2) in the case where the making of plates by a lithographic or
photoengraving process is a final or intermediate step preceding the
printing of the copies, the making of the plates has been performed in
the United States or Canada; and
(3) in any case, the printing or other final process of producing
multiple copies and any binding of the copies have been performed in the
United States or Canada.
(d) Importation or public distribution of copies in violation of this
section does not invalidate protection for a work under this title.
However, in any civil action or criminal proceeding for infringement of
the exclusive rights to reproduce and distribute copies of the work, the
infringer has a complete defense with respect to all of the nondramatic
literary material comprised in the work and any other parts of the work
in which the exclusive rights to reproduce and distribute copies are
owned by the same person who owns such exclusive rights in the
nondramatic literary material, if the infringer proves-
(1) that copies of the work have been imported into or publicly
distributed in the United States in violation of this section by or with
the authority of the owner of such exclusive rights; and
(2) that the infringing copies were manufactured in the United States or
Canada in accordance with the provisions of subsection (c); and
(3) that the infringement was commenced before the effective date of
registration for an authorized edition of the work, the copies of which
have been manufactured in the United States or Canada in accordance with
the provisions of subsection (c).
(e) In any action for infringement of the exclusive rights to reproduce
and distribute copies of a work containing material required by this
section to be manufactured in the United States or Canada, the copyright
owner shall set forth in the complaint the names of the persons or
organizations who performed the processes specified by subsection (c)
with respect to that material, and the places where those processes were
performed.
Section 602. Infringing importation of copies or phonorecords
(a) Importation into the United States, without the authority of th
|