Ch. 6
6.4.1
6.4.1
6-21
6.4.1
When subject to manufacturing clause.(cont'd)
III.
Statutory exceptions.
a.
In general. Lithographs end photoengravings, whether published separately or in books, are exempted from the manufacturing requirements if "the subjects represented are located in a foreign country and illustrate a scientific work or reproduce a work of art" (§ 16). This provision means that a lithograph or photoengraving is exempted from the manufacturing requirements if:
1.
The lithograph or photoengraving represents a "subject" that is "located" in a foreign country, and
2.
The lithograph or photoengraving is either (a) an illustration published as part of a "scientific work," or (b) a reproduction of
a "work of art."b.
Scope of the exemptions.
1.
The "subject represented." The subject which must be located abroad may be either:
(a)
The actual thing shown in the picture (e.g., a real person or thing, such as
Winston Churchill, the Eiffel Tower, or Mont Blanc), or(b)
The pictorial or graphic work which is reproduced in the lithograph or photo engraving (e. g., a German anatomical drawing, a painting in the Louvre).
2.
"Located in a foreign country."
(a)
The "subject" is "located in a foreign country" when:
(1)
The actual "subject" was in existence in a foreign country at the time the graphic or artistic work depicting it was prepared (e.g., Westminster Abbey, shown in a drawing; an African elephant, shown in a photograph reproduced in a scientific textbook); or
