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AUTHORS LEAGUE OF AMERICA, INC. v. OMAN

No. 850, Docket 85-6346.

790 F.2d 220 (1986)

THE AUTHORS LEAGUE OF AMERICA, INC., and Irwin Karp, Plaintiffs-Appellants, The Association of American Publishers, Plaintiff-Intervenor-Appellant. v. Ralph OMAN, Register of Copyrights; James A. Baker, III, Secretary of the Treasury; and William Von Raab, Commissioner, United States Customs Service, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 6, 1986.

Attorney(s) appearing for the Case

Irwin Karp, Portchester, N.Y., for plaintiffs-appellants.

Paskus, Gordon & Mandel, New York City, for plaintiff-intervenor-appellant.

Frederick Lawrence, Asst. U.S. Atty., S.D.N.Y. (Rudolph W. Giuliani, U.S. Atty., Steven E. Obus, Asst. U.S. Atty., of Counsel), for defendants-appellees.

Brown, Wood, Ivey, Mitchell & Petty, New York City and Loomis, Owen, Fellman & Howe, Washington, D.C., for Book Manufacturers' Institute, Inc., Printing Industries of American, Inc., and Graphic Communications Intern. Union, amicus curiae.

Before OAKES, WINTER, and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

The sole issue raised on this appeal is the constitutionality of the manufacturing clause of the Copyright Act, 17 U.S.C. § 601 (1985), a provision that restricts importation of copyrighted, foreign-manufactured, nondramatic, literary works. Plaintiffs argue that the clause interferes with their first and fifth amendment rights and that the clause cannot be justified as an exercise of...

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