Enforcement of Copyrights and the Digital Millennium Copyright Act

CBP adopts as final, with some changes, proposed amendments to the regulations pertaining to importations of merchandise that violate or are suspected of violating the copyright laws, including the Digital Millenium Copyright Act (DMCA), in accordance with title III of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA).

A Federal Register Notice (FRN) was published on June 24, 2024. The effective date of this final rule is August 23,2024.

The amendments set forth in this document clarify the definition of “piratical articles”, simplify the detention process involving goods suspected of violating the copyright laws, and prescribe new regulations enforcing DMCA.

Among the changes made to the TFTEA are certain provisions regarding the enforcement of the DMCA. The DMCA prohibits the importation of devices used to circumvent the technological measures employed by certain copyright owners to protect their works (“copyright protection measures”).

Questions regarding this rule may be directed to your Livingston account manager.