# Compendium of US Copyright Office Practices, II (1984)/1200

Chapter 1200
MANUFACTURING PROVISIONS
Outline of Topics
1201Background information. 1201.01Works published before January 1, 1978. 1201.02Works published after December 31, 1977. 1201.03Extension of ad interim copyright to full term. 1201.04Registration of U.S. edition optional in certain cases. 1201.05Manufacture of U.S. edition not required in certain cases. 1201.06Ad interim registration made but no U.S. edition. 1201.07No ad interim registration made. 1202Basic requirements under current Act. 1202.01Two-thousand copy limit. 1203Works covered by the manufacturing requirements. 1204Works not covered by the manufacturing require­ments. 1205Meaning of the word "preponderantly." 1205.01Literary material of secondary importance. 1205.02Literary material predominant. 1205.03Pictorial and literary material approximately equal. 1206Meaning of the word "substantial." 1207Copies. 1208Manufacture in the United States. 1209Situations where the manufacturing requirements are not applicable. 1209.01Author not U.S. national or domiciliary. 1209.02Author domiciled outside the United States for one year. 1209.03Employment for hire. 1209.04Manufacture in Canada.
1210Manufacturing processes covered. 1210.01Copies printed from type. 1210.02Lithographic or photoengraving process. 1210.02Printing and binding.
1211Manufacturing processes not covered.
1212Entry under an Import statement. 1212.01Basic registration required. 1212.02Import Statement may be issued for published or unpublished work. 1212.03Import Statement not required.
1213Who may request an Import Statement. 1223.01Limit of one basic Import Statement for each work.
1214Completion of Form IS. 1214.01Identification of work. 1214.02Person designated to receive Import Statement. 1214.03Fee and contact. 1214.04Certification. 1214.05Registration number.
1215New versions.
Chapter 1200
MANUFACTURING PROVISIONS
Works published before January 1, 1978. In the case of works published before January 1, 1978, and subject to the manufacturing clause of title 17, U.S.C., as it existed on December 31, 1977, compliance with that pro­vision constitutes a condition of copyright in the United States. Works first published before January 1, 1978, in violation of such requirements are in the public domain in the United States and cannot be registered under the current Act. However, any work in which ad interim copyright under that law subsisted, or was capable of being secured, on December 31, 1977, is accorded copyright protection for the term or terms provided by section 304 of the current Act, and registration may be made under section 408 of that Act. Where applicable, and upon request, an Import Statement will be issued for such works, permitting importation of up to 2,000 copies. See section 107 of the Transitional and Supplementary Provisions of the current Act. For fuller explanation of the practices governing ad interim copyright as well as the general practices under the manufacturing
Extension of ad interim copyright to full term. The Act of 1909, as amended, pro­vided for the extension of ad interim copy­rights to full term if both of the following two conditions were met:
If registration of the u.s. edition was sought after expiration of the five-year period, the Copyright Office would register the claim under the rule of doubt, if that u.s. edition had been manufactured and published within the five-year ad interim term. See Compendium I, Chapter 8, topic 8.4.6.II.b.
Registration of U.S. edition optional in certain cases. For works manufactured and first published outside the United States after December 31, 1972, where ad interim registra­tion was made and a U.S. edition, substantially
is not required for works in which ad interim copyright was subsisting or was capable of ​being secured on December 31, 1977. See section 107, Transitional and Supplementary Provisions of the current Act. However, where a U.S. edition, substantially identical with that first published outside of the United States, was manufactured and published within the five-year term, the Copyright Office will not refuse registration.
Ad interim registration made but no U.S. edition. With respect to works manufactured and first published abroad before December 31, 1972, for which ad interim registration was made but no U.S. edition was manufactured
No ad interim registration made. Any English-language book or periodical published before July 1, 1977, which was subject to the manufacturing requirements of the Act of 1909, as amended, for which ad interim registration
Works not covered by the manufacturing require­ments. Dramatic, musical, pictorial, and graphic works, as well as works in languages other than English and works in the public domain in the United States, are among the works not included within the manufacturing requirements. Such works may thus be imported in unlimited quantities.
Examples:
Meaning of the word "preponderantly." The manufacturing requirements apply only to works which consist "preponderantly" of nondramatic literary materials in the English language. According to H.R. Report No. 94-1476, 94th Cong., 2d Sess. 167, a work consists "prepon­derantly" of nondramatic literary material, if such material exceeds the exempted material ​in "importance." If a work consists prepon­derantly of exempted material, e.g., pictures,photographs, plays, or music, the manufac­turing requirements do not apply and copies may be imported in unlimited quantities. However, in Stonehill Communications, Inc. v. Martuge, 512 F. Supp. 349 (S.D.N.Y. 1981), the Court found the "importance" test and the instructions in the legislative history vague and difficult to apply. "In the absence of congressional or duly authorized guidelines," stated the Court, "the answer is an objective test -- in this instance, a 'mechanical' one." The Court held that in the absence of any other standards, "a book 'consists of pre-pon­derantly nondramatic literary material... in the English language' when more than half of its surface area, exclusive of margins, consists of English-language text."
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:
Author domiciled outside the United States for one year. If the author is a national of the United States but he or she has been domiciled outside the United States for a continuous period of at least one year immediately preceding the date when importa­tion is sought or public distribution in the United States is made, the manufacturing requirements are not applicable.
Examples:
Employment for hire. If a substantial part of the nonexempt text of a work made for hire was prepared for an employer or other person who is not a national or domiciliary of the United States or a domestic corporation or enterprise, the manufacturing requirements do not apply.
Example:
Copies printed from type. If copies are printed directly from type that has been set, or directly
Entry under an Import Statement. In any case where issuance of an Import Statement is appro­priate, importation of 2,000 copies is permitted, irrespective of the time the work may have been published, and irrespective of whether registra­tion was made under the current Act or under the Act of 1909, as amended. Where the copyright owner of a work in which ad interim copyright was subsisting on December 31, 1977, has already imported the 1,500 copies allowed under the Act of 1909, a new Import Statement will be issued upon request, permitting importation of an addi­tional 500 copies.
Examples
See 37 C.F.R. 201.8(b)(2); see also section 1214.04 below.
Examples:
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