1200-6
1206
Meaning of the word "substantial." If, on the date importation is sought or public distribution in the United States is made, the author of any substantial part of such material is neither a national nor a domiciliary of the United States, the manufacturing requirements do not apply. 17 U.S.C. 60l(b)(1). In this context, "substantial" has a meaning that suggests real worth and importance and would connote less than "preponderently" (as used in section 60l(a) of the current Act) but more than incidental or minimal.
Examples:
1)
A two-page preface to a 100-page work presumably would not be considered to be a "substantial" portion of the work.
2)
A 2S-page portion of a 90-page article would be considered "substantial."
1207
Copies. The manufacturing requirements of the law extend only to copies of a work. "Copies" are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. 17 U.S.C. 101. Thus, phonorecords are outside the scope of the manufacturing requirements of the Act.
1208
Manufacture in the United States. The United States, when used in a geographical sense, comprises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction of the United States Government. 17 U.S.C. 101. The organized territories include Guam and the U.S. Virgin Islands. Manufacture in a territorial area under the jurisdiction of the United States which is not considered an "organized territory" is not regarded as manufacture in the United States. See section 1102.08 of Chapter 1100: ELIGIBILITY.
[1984]
