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