Gentlemen :
As you are aware Section 602 of the United States Copyright Act (as confirmed in T.B. Harms v. Jem Records 655 F. Supp.1575, as well as BMG Music v. Perez, 952 F.2d 318) requires the express authorization and consent to the copyright owner of the musical compositions for the importation of phonorecords containing suck composition even when such phonorecords were lawfully made outside of the United States.
Accordingly, Import Licenses are required in order for you company to lawfully impost phonorecords or other sound carriers into the United State under all circumstances (e.g. “custom pressing", transfers of inventory, import for direct6 or indirect sale, etc.)
The Import Licenses is obtainable through various publisher principals and/or foreign societies. Our company Sanfield International Limited, can provide any information about the agents of publishers. You can contact us at :
Sanfield International Ltd.
3/F., Yue On Commercial Bldg., 385-387 Lockhart Road, Wanchai, HK
Tel : 2688 0220 Fax : 2688 0252
E-mail : toyomusc@netvigator.com
Website : www.toyomusical.com
To obtain Import Licenses, you must request Import License Request Forms from the particular agency. The salient features of the procedures and requirements are as follows :
- Request forms must be received by the Agency and Import Licenses must be issueprior to the date of importation into the United States. As will be apparent in the Import License Request Forms, you are required to furnish certain details with respect to the phonorecords sought to be imported such as:
(a) Identification of musical composition by title, composer(s), and publishers(s).
(b) Identification of the phonorecord by Label, Artist, and Record Number.
(c) Quantity of phonorecords involved.
(d) Country of manufacture and identity of manufacturer or fabricator.
(e) Country of export and identity (name and address) of exporter.
(f) U.S. ports of entry and identity of importer (or consignee) and import agent.
(g) Date of anticipated importation.
- Royalties shall be payable at an existing rate, most of the royalty charges are?within the range of US$0.08 to US$0.13/pc; unless another rate has been approved in advance by the respective publisher principal or foreign society who own or control the copyright(s) in the composition(s) licensed. Royalties shall be payable for each phonorecord imported into the United States, regardless of any further distribution within the United States following the importatin.
- Import Licenses must be obtained n twithstanding the existence of a domestic license issued for the manufacture and distribution of the same honorecord in the United States. In this connection, it is your responsibility to obtain any relief or credit with respect to payment of any royalties outside of the United States in accordance with procedures, which may be available in such countries
- Royalties owing under Import Licenses shall be paid within forty-five (45) days after the close of each calendar quarter for those phonorecords imported during each such?caledar quarter.
If you have any further questions, please do not hesitate to contract our office. In addition, this office will be happy to provide you with the Import Licenses Request Forms and information in regards to whether our production tunes are Public domain or copyrighted. We can also supply copyright information to assist you in filling out the Import Licenses Request Forms. However, we cannot give you any legal advice.
CC : Legal Counsel Department
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