Page:Copyright, Its History And Its Law (1912).djvu/546

This page needs to be proofread.

514 COPYRIGHT

All books on which there is an existing copyright in the United Staes are prohibited importation unless produced in accordance with the manufacturing provision of section IS, whether copyrighted under this act or previous acts. (Opinion of the Attorney General, T. D. 30136, Nov. 24, 1909.)

Copyrighted books produced in accordance with the manufacturing provisions of section i6of the copyright act, when exported and rebound abroad may be admitted to entry on their return to the United States. (Opinion of the Attorney-General, T. D. 30414.)

As copyrighted books are required to be printed and bound in the United States, evidence should be required on entry that such books were exported in a bound condition and not as loose sheets, and that the printing and binding were both performed within the limits of the United States.

Imported articles found to bear a false notice of copy- right will be detained and forfeiture proceedings instituted as provided in Schedule 32.

If satisfactory evidence is not produced to the collector that such imported books were produced in accordance with the manufacturing provisions of section 15, or are ex- empt therefrom, the books will be seized and forfeiture pro- ceedings instituted as provided in section 32.

Forfeiture proceedings instituted under the copyright act will be conducted in the same manner as incase of merchan- dise seized for violation of the customs laws, section 32, supra. (Arts. 1266 to 1269, Customs Regulations, 1908.)

Authorized editions of copyright books imported through the mails or otherwise 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 Treas- ury that such importation was not due to willful negligence or fraud. (Sec. 32, supra.)

In any case in which a customs officer is in doubt as to whether an article is prohibited importation under the copy- right act the articles should be detained and the facts re- ported to the department for instruction.

Franklin MacVeagh, Secretary.