Page:Compendium of US Copyright Office Practices, II (1984).pdf/290

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1200-10

1212
Entry under an Import statement. (cont'd)
1212.01
Basic registration required. There must be a basic registration in the Copyright Office for the work before an Import Statement will be issued. However, the application for regis­tration of a claim to copyright may be submitted simultaneously with the Form IS, which is the form for requesting issuance of an Import State­ment.
1212.02
Import Statement may be issued for published or unpublished work. The Copyright Office will issue an Import Statement for an unpublished work on request. Where it appears that the work to be imported will be substantially different from the unpublished version in which a claim was or is being registered, the Copyright Office may point out that the Import Statement applies only to the particular work that is registered. See also section 1215 below.
1212.03
Import Statement not required. If an Import Statement is requested, but is clearly not required (e.g., where the nontextual matter predominates, or the work is in a language other than English, or the work is in the public domain in the United States), the Copy­right Office will not issue the Import State­ment. 37 C.F.R. 201.8(a)(4). The Copyright Office will promptly so notify the requester since copies may be in transit or at a port of entry. However, in the case of a dispute between the U.S. Customs Service and the copy­ right owner concerning whether unlimited importation of copies is permissible under 17 U.S.C. 601, the Copyright Office will, in proper cases and upon request, issue the Import Statement. See 37 C.F.R. 201.8(a)(5).
1213
Who may request an Import Statement. An Import Statement may be requested by the copyright owner or by the duly authorized agent of such owner. The copyright owner for this purpose may be:
[1984]