nding of the copies have been performed in
the United States or Canada.

(d) Importation or public distribution of copies in violation of this
section does not invalidate protection for a work under this title.
However, in any civil action or criminal proceeding for infringement of
the exclusive rights to produce and distribute copies of the work, the
infringer has a complete defense with respect to all of the nondramatic
literary material comprised in the work and any other parts of the
work in which the exclusive rights to reproduce and distribute copies
are owned by the same person who owns such exclusive rights in the
nondramatic literary material, if the infringer proves--

(1) that copies of the work have been imported into or publicly
distributed in the United States in violation of this section by or
with the authority of the owner of such exclusive rights; and

(2) that the infringing copies were manufactured in the United States
or Canada in accordance with the provisions of subsection (c); and

(3) that the infringement was commenced before the effective date of
registration for an authorized edition of the work, the copies of which
have been manufactured in the United States or Canada in accordance
with the provisions of subsection (c).

(e) In any action for infringement of the exclusive rights to reproduce
and distribute copies of a work containing material required by this
section to be manufactured in the United States or Canada, the
copyright owner shall set forth in the complaint the names of the
persons or organizations who performed the processes specified by
subsection (c) with respect to that material, and the places where
those processes were performed.

Section 602. Infringing importation of copies or phonorecords.

(a) Importation into the United States, without the authority of the
owner of copyright under this title, of copies or phonorecords of a
work that have been acquired outside the United States is an
infringement of the exclusive right to distribute copies of
phonorecords under section 406, actionable under section 501. This
subsection does not apply to--

(1) importation of copies or phonorecords under the authority or for
the use of the Government of the United States or of any State or
political subdivision of a State, but not including copies or
phonorecords for purposes other than archival use;

(2) importation, for the private use of the importer and not for
distri