Importation right

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An importation right is the legal ability to import a product into a certain country.

Importation means "sending goods from one country to another".[1] Right means "in accord with law...." [2]

Specific examples

Under the literal or strict interpretation of United States copyright law, it is illegal to import any copyrighted material into the U.S.[3] Of course, there are many loopholes and exceptions, including:

  • The "United States Customs Service is presented with an import statement issued under the seal of the Copyright Office," for up to 2,000 copies.[4]
  • Educational (schools) exception.[5]
  • A single personal copy.[6]

Some scholars have written that owners of intellectual property, such as trademark and copyright, have an inherent right to import their property rights.[7][8][9]

The importation rights of CDs has affected J-pop music.[10]

References

  1. Black's Law Dictionary, p. 243 (2001).
  2. Black's Law Dictionary, p. 483 (2001).
  3. 17 U.S.C. section 601, found at Copyright Law Official US Government web site
  4. 17 U.S.C. section 601, para. (2), found at Copyright Law Official US Government web site
  5. 17 U.S.C. section 601, para. (3), found at Copyright Law Official US Government web site
  6. 17 U.S.C. section 601, para. (4), found at Copyright Law Official US Government web site
  7. IVIR.nl web site
  8. John F. Noble, Editor, Computer Law Reporter, notes at American U. Law school web site, citing Sebastian Intern, op. cite.
  9. Sebastian Intern v. Consumer Contacts (PTY), 847 F.2d 1093, 1098-99 (3rd Cir. 1988).
  10. CD importation rights controversy.

See also


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