Hello
Can anyone tell me what are the laws regarding bringing copied cds?
i have a collection of music and movies, it is for my personal use, they were bought from pirates here in my country. I would like to use them in my tv (definately not sell them!) in USA but I don't wan't to break any laws.

will i get in trouble if I bring any with me on the flight? what about sending them with my boxes and furniture? i have looked on the customs page, these items are not on the restricted items list.

i heard that you can be deported for having them, so I am nervious, and i can leave them. but then i heard that the penalty is they just get taken away....any one know what is true?

thanks in advance...

No you can not bring in pirate anything....
Your DVD & CD's will cause you to be in violation of the DMCA.

It is best to just leave them & don't take any risk whatsoever. I had tons of them back home but I decided not to take the risk. Good luck!

they wont check if you just have a few but if you have alot they can check them to make sure they are legal

Call me paranoid but I just wouldn't risk it!

Do you seriously want your first act as a possible immigrant to be breaking the law of your new home? Can you imagine the reception you'd get come time for AOS? Technically, tho, FYI, this is an international law - you just went thru hoops to get a clean police report - c'mon! lol
Don't risk it - get rid of em

ok, thanks for the advice. I will leave them behind.

I bring CDs from Vietnam all the time and I've never been checked. I will say they are for personal use only.

please...

are u really asking it?

c'mon

I brought in like 200 pirate CDs on my first trip to se her, no sweat, if youre nervous, put it in your shipment when you move your stuff over.

don't risk it, you'll get deported.. or worse, band from entering the US for God knows when.

I found the following on the website of the US Customs

Trademarked and Copyrighted Articles
CBP enforces laws relating to the protection of trademarks and copyrights. Articles that infringe a federally registered trademark or copyright or copyright protected by the Berne Convention for the Protection of Literary and Artistic Works are subject to detention and/or seizure. Infringing articles may consist of articles that use a protected right without the authorization of the trademark or copyright owner or articles that copy or simulate a protected right.


Articles bearing marks that are counterfeit or inappropriately using a federally registered trademark are subject to seizure and forfeiture.The importation of articles intended for sale or public distribution bearing counterfeit marks may subject an individual to a civil fine if the registered trademark has also been recorded with CBP. Articles bearing marks that are confusingly similar to a CBP recorded registered trademark , and restricted gray market articles (goods bearing genuine marks not intended for U.S. importation for which CBP granted gray market protection) are subject to detention and seizure.


However, travelers arriving in the United States may be permitted an exemption and allowed to import one article of each type, which must accompany the person, bearing a counterfeit, confusingly similar or restricted gray market trademark, provided that the article is for personal use and is not for sale.


This exemption may be granted not more than once every 30 days. The arriving passenger may retain one article of each type accompanying the person. For example, an arriving person who has three purses, whether each bears a different infringing trademark, or whether all three bear the same infringing trademark, is permitted only one purse. If the article imported under the personal exemption provision is sold within one year after the date of importation, the article or its value is subject to forfeiture.


In regard to copyright infringement, articles that are determined by CBP to be clearly piratical of a protected copyright, i.e., unauthorized articles that are substantially similar to a material protected by a copyright, are subject to seizure. A personal use exemption for articles, similar to that described above also applies to copyrighted articles for the personal, non-commercial use of the importer and are not for sale or distribution.


You may bring back genuine trademarked and copyrighted articles (subject to duties). Products subject to copyright protection most commonly imported include software on CD-ROMs, sound recordings, toys, stuffed animals, clothing with cartoon characters, videotapes, DVDs, music CDs, and books. Products subject to trademark protection most commonly imported include handbags and accessories, and clothing.

Do they have copyright laws in vietnam?

I had a few of these and decided not to risk it, imagine getting the visa and then having trouble at the POE for DVD's! Not worth it IMHO

me matey.....not worth th' risk

]You can bring them but just a few, I brought about 12 cd's last year and nobody checked.

Vi

blank cd`s are cheap enough in the U.S. just start your collection again.

I have to admit, I brought some titles I couldn’t do without from back home, my copies where exact from the original but under the DMCA no less illegal. Although the majority of the Movies I brought where legal versions.

You could just get a fast internet connection, the proper software, a DVD burner and start a whole new collection!.. but under DMCA you could still be prosecuted for theft of intellectual property rights if you get caught. You could always just buy the real legal movies? I’d sooner pay more for high quality than dodgy, dark, shaky camcorder in the back of the cinema copies. I knew someone back home that made illegal copies of movies, music and software.. they made those things for pennies and sold them for more than a healthy profit.

I’d not risk everything just for some pirate movies.

I never grasped the concept of a dvd collection. I watch a movie, then that's it...it's done. What's to collect?

And WHYWHYWHY on Earth...after going thru this whole K process...would you even contemplate bringing illegal stuff in? Like seriously...is Anjelina really worth it???

My fiance has taken several of the movies he bought on VHS and burned them to DVD. I don't even want him to bring those through. The whole thing makes me very nervous!!

I prefer to pay 75 cents for a music CD and support a poor Vietnamese merchant. I've NEVER seen anyone stopped at USA customs and do you think they really care about personal CDs? (Would they actually deport you AFTER getting your passport stamped and being admitted into the country for a few CDs after the baggage claim area? )
Mind you, my personal taxes are 100% legal and correct, NOW that's important..........

That's kind of a dumb question to ask... 'can I bring something into the US that it's supposedly illegal to have in my possession'. They're not going to deport you for having a few videos or whatever that you aren't supposed to have, they'll just confiscate them if they see them. It's not going to have legal consequences unless you look like an importer or something...

As to whether it's a good idea, I'll leave that to you and your conscience and how much respect (or otherwise) you have for the digital rights management people...

When I came over I brought copies of parts of my parents CD collection because they had a lot of fairly esoteric folk music disks that I love and I was pretty sure I wouldn't be able to get my own copies in the US (even if I could afford it) and I didn't expect them to give me the originals because they loved them too... I figured that since we paid good money for them it was within our rights to make a personal use copy. In case there was any trouble, I put them into a seperate cd-holder to my own purchased disks, but nobody ever looked.

My own personal sense of ethics says that you should not knowingly purchase a pirated movie - it's supporting an illegal industry for one thing, for another the quality of the disks is TERRIBLE (my uncle has no such qualms and he lent us a couple of movies before they even showed up in the cinema in our country, but they were hardly watchable. For another, it'll show up in the retail market in six months! If you can't wait that long to see it, there's something wrong...

I guess I'm not politically correct? I should've also stopped and paid duty tax for the camera I bought abroad. And, next time, I'll throw out the prepackaged dried fruit that my Vietnamese friends in the USA appreciate from their mother land. Therefore, I will be legal, show respect for the law and have a better conscience, Thank you!
But, it's OK to copy music if you pay good money for it? Now the issue of ethics is becoming more clear?

Its not illegal to make a copy of a CD you have purchased if that copy is for your own personal use.
And the point of the Original Post wasnt 'is it moral/right' it was 'is it advisable to bring pirated stuff, which may or may not get found out, on the first leg of their migrant process'.
The advice, in the main, was no. Its not advisiable to risk getting caught by customs over something this unimportant which may or may not have far reaching consequences.
If I start a new job, a place I've wanted to be for ages, and its really important to me, and on my first day I steal a cheap ball point pen, worth 25 cents, is it gonna win me brownie points with my new boss? Its a similar deal.
Not worth it.

Bring personal CDs into the country and stealing from your employer. Are those two the same? (Please think of a more relevant comparison)

Don't worry, bring a few personal CDs, you'll be glad you did. No Biggy..........

Ah..I think I see the confusion here - this isnt about personal CDs but PIRATED stuff - not copies you make of your own legally owned stuff (you're allowed to make one copy for your own use)
Piracy is theft - hence all those FBI warnings on DVDs that you can't skip past

I just take them out of there covers put the paper cover page in a book and mix the cd's/dvd's in with my others. I have never had an issue but i usually bring 15-20 because i speak a few languages and like to have subtitles and sound in other languages, and its hard to get here!
Allison

As Espernado said, take them out of the orginal cases and mix with them your others, no problem.

Secondly, a previous poster implied that a person who brings in CHEAP Cds into the states has "unethical" morals, a lack of respect for other people's rights, etc. Therefore, I wanted to express to the orginal poster that bringing cheap Cds (they were purchased legally in their home country) for personal use ISN'T a big deal and she shouldn't let her negative "conscience" affect her decision to bring some personal items. Everyone I know who reguarally travels between the States and Vietnam hasn't had a problem with bringing CDs from VN.

I'm just curious, How can a foreign resident (ie. Australian & British nationals) currently living in the states offer advice about American dealings and more importantly imply their moral beliefs? (credibility problem)

Note: I say all this with a non-serious sense of humor

I think it just depends on how many you're planning on bringing. I did bring some copied CDs... I dont think they will stop you because of that. Just be careful...

lolol

yea.. kinda not necessary question..

wow,
I never expected so much of a debate....after the first few replies, my initial hesitation was confirmed that it would not be wise, and my decision was made, very simply....

Kinda like when you know that 9 X 8 is 72, but you haven't needed that figure in ages, so you ask someone just to be sure, I mean after all, you are human and can make a decision that turns out to be "wrong"...

I will say also, that the question was intended to gather information about the consequences of the action, not to receive all the judgement! In my country, piracy is not illegal, in fact, there is even a presidential decree that states all people should have equal access to the media of today, whether they are poor or rich.

In my personal case, I purchased the dvds that I really liked (some after paying to see it in the theatre) and would watch again. I especially like the fact that the movies here are dubbed in my language, in which I listen while reading English subtitles. Then I watch again listening in English, so I can reinforce my understanding of the language of my new country...so for me, personal use equates to educational use. And I am sorry, but my salary here is about $200 a month, so I can not afford to buy originals, and there is no such thing as public libraries as you lucky Americans have!! But hey, thats one of the things that makes me feel so lucky that a gringa fell head over heels in love with me, now I will gladly leave my country and my family to live with her in a country with so many advantages!!

Now, before you all jump to conclusions, my English is not so good as this letter represents! I told my fiance what to say, and she helped me to write this to you.

As well, she is helping me to understand what are the laws of USA and what I need to respect, things like this crime of violation of "intellectual property rights". We both have learned a lot in the last few days about it, and of course we rapidly came to the conclusion that its not worth the risk to bring even one copied dvd, or music, or some of the gifts of books and clothing and such that I have been given by friends and family that may be fake or copied.

So, again, thank you to everyone for this lively discussion, and helping me come to the conclusion of what is right for me regarding this topic.

Carlos

With all due respect to your sincere comment:

Please remember this response 15 months from now when you get homesick and you wish you had more things from your home country. My Vietnamese wife watches her Cds now and then. Fortunately, there are a lot of VNs products that can be purchased in America.

Seperately, I remember when I used to live abroad before the internet and I used to crave for anything American occassionally. I don't care where you're from, when you live in a foreign country, you get homesick now and then.

Finally, since you're such a good citizen, remember, the speed limit in America is usually 65mph, there's no Jay Walking and don't change lanes without using your turn signal. You need to respect the law.

Good Luck in your in new life in the states!

I think we are talking about movies and cd's that are covered under United States copyrights, I do not think that the customs officer will worry if you are bringing in native tongue movies but if you allready have MI III on dvd, well then we have a problem.

They way I understand it, is that you can bring them for your own personal use. Not many copies of the same one, because it gives them the idea, that you are going to sell them for profit. I may be wrong. When I flew to Germany a few years back, I had a cd case full of copied cd's nothing was ever said about them in customs. I had them in my carry on bag.


"However, travelers arriving in the United States may be permitted an exemption and allowed to import one article of each type, which must accompany the person, bearing a counterfeit, confusingly similar or restricted gray market trademark, provided that the article is for personal use and is not for sale."

"In regard to copyright infringement, articles that are determined by CBP to be clearly piratical of a protected copyright, i.e., unauthorized articles that are substantially similar to a material protected by a copyright, are subject to seizure. A personal use exemption for articles, similar to that described above also applies to copyrighted articles for the personal, non-commercial use of the importer and are not for sale or distribution."


Meriem

i brought all my movies and cds that i had burned on the internet and had nary a problem. If they are in your suitcase the chances of that being looked at by a customs officer is slim to none. Now you do need to realise that the US is a different region and your dvds may not be compatable in a dvd player here. My uk dvds aren't and I can only play my burned ones on the laptop.

Why risk it on your first trip here, Many people speed and do not get caught, does that make it ok?

People really need to a lot more reading about this. Its not illegal to 'possess' pirated materials. For CD's anyway - there's no way for them to tell if they are 'legitimate' copies because you are legally allowed to make a copy of any CD you own for backup purposes. How many people do you think go travelling with wallets of copied CD's?

As for DVD's - its not illegal to 'own' a pirated copy of anything - what is illegal is to make and sell unauthorised copies for profit. Assuming you are not doing this - you should have no reason to worry. That said going through the airport with shoeboxes full or copied stuff probably isn't the best idea. But there's a common sense solution to that also - its what ipods, portable hard drives and laptops are for.

That's not necessarily true. A guy at my old job in London brought in a couple of DVDr discs containing Shrek 2 and Hellboy, BEFORE they were even available on DVD in the US. That makes me think the studios have internal leaks to deal with...

Digital copies are a much different ballgame to the old analogue VHS tapes you see people flogging down the market. If they're recorded from another digital source they are almost exactly identical to the original. The bad quality ones are invariably recorded on a camcorder in a movie theatre.

How do you know they are pirated?
How do you know if the company you bought them from did not pay for them?

Still, in my opinion, what is permissable for US Citizens may be too bad for non-citizens going to US.

Its common sense - thousands of people travel all over the world with all kinds of crap in their suitcases. Noone will worry about a few CDR's in a CD wallet. Its a non-issue. Really.

Of course bringing a suitcase full of the things might raise eyebrows - probably not the smartest thing to do.

'Ere you go, mate.
http://www.videohelp.com/dvdhacks

I brought in 200 very obviously (as in scrawled on the disc with a felt pen) Cds in 6 Cd wallets, in a seperate bag I took on as hand luggage; I really don't think it's an issue.

are u guys still talking about it.............

IT IS ILLEGAL.

I will love to see what u gonna tell to the officer

Officer: Excuse me, these CD are yours?
IMMIGRANT: uhuhuhuh ahahahah uhuuhuh Yes Sir!

Officer: It's software, legal sotware?
IMMIGRANT: uhuhuhuh ahahahah uhuuhuh Yes Sir!

Officer: Can u please go thru that door, we want to check those CD's.
IMMIGRANT: uhuhuhuh ahahahah uhuuhuh Yes Sir!

IT IS NOT WORTH IT...

c u later

Uh huh... like that would ever happen.

When I was in Malaysia for 4 months, I bought a lot of pirated stuff. Just stuck all the DVDs and CDs (music, movies, and software) in some big CD wallets and stuck them in my bags. Customs never checks your stuff unless you declare something, or unless you look really suspicious. (that's why you should always dress nicely for travel)

I honestly think some people here are over-reacting to the whole piracy thing. I've bought pirated stuff, but I've also downloaded and burned more stuff for my own use. I used to work for a software company, and while the company itself had hotlines you can call if you suspect piracy for its software, the engineers and tech guys and everyone else are running around making illegal copies of anything and everything (movies, music, software... you name it). You'd be suprised how much piracy goes on inside a software company. I'll be damned if I'm going to pay for something I can get a crack or hack for.

That's the point - it ISN'T illegal to own pirated/unauthorized copies. What IS illegal is to make copies and distribute them freely or for profit. Seriously do some reading on copyright law if you don't believe me. Saying that the mere act of owning a copied CD is illegal is simply scaremongering.

Almost anyone who flies internationally will be carrying a few CD's in a CD wallet, a laptop or an ipod. Its simply hysterical to believe that they POE officer will care what is on your laptop/ipod/CD's.

In any case it's not the job of airport customs officials to enforce copyright law - they have no way of proving anyway who made copies and whether or not they are 'official' or otherwise.

This is where common sense comes in - if you LOOK like a counterfeiter clearly you'll have a problem. Which is why I say bringing in a suitcase full of copied CD's/DVD's probably isn't the smartest idea if you don't want to face difficult questions.

Brother I know enough about copyright but am sure that they are not asking about to bring their personal copies, they are talking to bring pirated programs.

They are gonna wait for 1 year to get a visa and the first thing they are thinking is how can pass thru with some illegal stuff. Sorry but for me is just FUNNY...


c u later

I've NEVER been stopped, I've NEVER heard of anyone being stopped and it's highly unlikely the orginal poster would be stopped.

OK, they stop the poster.

They're looking for drugs, large amounts of currency and counterfeit commercial sales.

A few personal CDs purchased from their home country, no problem. (They'll probably take them away from you and give you verbal warning......Being arrested, I don't think so!



Bring the Cds, you'll happy you did 12 months down the road when you're homesick.

You're being much too paranoid..........

How exactly does one tell which software is authorized or not based on a cursory examination of your bag as it passes through the X-Ray machine?

In any case - its still not illegal to possess copied material - that's the whole point. Its only legal to make copies and sell them for profit or distribute them (for non-profit) to someone else. Its only illegal to make a copy yourself if in the process you violate inbuilt copyright protection (which ironically enough is itself illegal - as it prevents the owner from enforcing their right to make a copy.

Even proving that you have made an illegal copy is next to impossible and beyond the scope of the average airport customs official. They have to prove definitively that you made the copy, which they can only do if they seized your computer as part of a customs raid. We're talking trial-type evidence here...

If I remember correctly the DCMA amended copyright law in the US not too many years ago which made it an offence to even make “backup copies” of material you legally bought and paid for. If I remember correctly… It is an offence to buy/download or have any copyright material in your possession without permission of the copyright holder. I somehow doubt that any of the big movie studios would give anyone permission to own copies of their material e.g pirate movies. Purchasing an “original” from a shop essentially allows you the right to own a copy of that material.

Check out http://www.copyright.gov for further information.

Although coming through customs at the airport shouldn’t be a problem, unless you’re bags are full of dvd’s and cd’s no one will know the difference, unless your bags are searched.

The Philippine government has warned its citizens not to carry pirated goods into the United States, and that they could be immediately deported if they do so.

Citing a travel advisory from the U.S. Commercial Service, the Department of Foreign Affairs said in a statement Friday that even one pirated CD, DVD, bag, cosmetic or book could result in "automatic deportation" of Filipino citizens.

American citizens would face arrest, prosecution and fines for violating intellectual property rights if caught trying to take in such items.

Pirated videos _ as well as counterfeit designer bags and shoes falsely claiming to be brand names such as Gucci, Louis Vitiation, Coach and Pride _ flood flea markets around Manila and are sold at a fraction of the cost of the originals.

Filipinos planning to take nursing exams in the United States also should take care not to carry pirated books with them, the government said.

The warning comes ahead of the Christmas season, when many Filipinos travel to the United States to visit relatives and vice versa, AP reported.



http://newsfromrussia.com/world/2005/10/08/64750_.html