Pub. L. 110-403, tit. I, sec. 105

IMPORTATION AND EXPORTATION.

EnactedYear: 2008Length: 354 wordsOfficial source
SEC. 105. IMPORTATION AND EXPORTATION.(a) In General.—The heading for chapter 6 of title 17, United States Code, is amended to read as follows:“CHAPTER 6—MANUFACTURING REQUIREMENTS, IMPORTATION, AND EXPORTATION”.(b) Amendment on Exportation.—Section 602(a) of title 17, United States Code, is amended—(1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and moving such subparagraphs 2 ems to the right;(2) by striking “(a)” and inserting “(a) Infringing Importation or Exportation.—“(1) Importation.—”;(3) by striking “This subsection does not apply to—” and inserting the following:“(2) Importation or exportation of infringing items.—Importation into the United States or exportation from the United States, without the authority of the owner of copyright under this title, of copies or phonorecords, the making of which 122 STAT. 4260 either constituted an infringement of copyright, or which would have constituted an infringement of copyright if this title had been applicable, is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under sections 501 and 506.“(3) Exceptions.—This subsection does not apply to—”;(4) in paragraph (3)(A) (as redesignated by this subsection) by inserting “or exportation” after “importation”; and(5) in paragraph (3)(B) (as redesignated by this subsection)—(A) by striking “importation, for the private use of the importer” and inserting “importation or exportation, for the private use of the importer or exporter”; and(B) by inserting “or departing from the United States” after “United States”.(c) Conforming Amendments.—(1) Section 602 of title 17, United States Code, is further amended—(A) in the section heading, by inserting “or exportation” after “importation”; and(B) in subsection (b)—(i) by striking “(b) In a case” and inserting “(b) Import Prohibition.—In a case”;(ii) by striking “the United States Customs Service” and inserting “United States Customs and Border Protection”; and(iii) by striking “the Customs Service” and inserting “United States Customs and Border Protection”.(2) Section 601(b)(2) of title 17, United States Code, is amended by striking “the United States Customs Service” and inserting “United States Customs and Border Protection”.(3) The item relating to chapter 6 in the table of chapters for title 17, United States Code, is amended to read as follows: “6. Manufacturing Requirements, Importation, and Exportation ........ 601”.