Legal Definitions - manufacturing clause

The manufacturing clause was a historical provision within U.S. copyright law designed to protect the domestic printing and publishing industries. It essentially mandated that certain types of works, primarily English-language literary works by American authors, had to be manufactured (printed and bound) within the United States, or sometimes Canada, to receive full copyright protection or to be imported in significant quantities.

This clause existed in different forms:

• Under the Copyright Act of 1909: It limited copyright protection for English-language books and periodicals to those that were printed in the U.S. If a work was printed abroad, it might not receive full copyright protection in the United States.
• Under the Copyright Act of 1976: This version prohibited the import of more than 2,000 copies of a nondramatic English-language literary work by an American author, unless the material was manufactured in the U.S. or Canada. This specific iteration of the clause expired on July 1, 1986.

The manufacturing clause is no longer in effect, but it significantly influenced publishing practices for much of the 20th century.

Here are some examples illustrating how the manufacturing clause would have applied:

• Scenario 1 (1909 Act): Imagine an American poet in 1935 writes a collection of poems. To save costs, they consider having the book printed and bound entirely in the United Kingdom. Under the manufacturing clause of the 1909 Copyright Act, if they proceeded with overseas printing, their work might not have been eligible for full copyright protection in the United States, potentially allowing others to freely copy or distribute it within the U.S. without permission.

  This illustrates how the clause directly linked the location of a book's physical production to its legal protection, incentivizing domestic printing.

• Scenario 2 (1976 Act): In 1980, a major U.S. publishing house wanted to release a new novel by a popular American author. They found a printer in Ireland who offered a significantly lower price for printing 10,000 copies. However, because the novel was an English-language literary work by an American author, the manufacturing clause of the 1976 Copyright Act would have prevented the publisher from importing more than 2,000 copies from Ireland. To distribute more widely in the U.S., they would have been compelled to print the bulk of their copies in the United States or Canada.

  This demonstrates how the clause restricted the importation of foreign-printed books by American authors, forcing publishers to use North American manufacturing facilities for large print runs.

• Scenario 3 (Post-Expiration): Consider an American graphic novelist in 2005. They decide to have their English-language comic book series printed in South Korea due to specialized printing capabilities and competitive pricing. Since the manufacturing clause expired in 1986, they face no legal restrictions on importing any number of copies of their work into the United States, regardless of where it was manufactured. They can fully enjoy their U.S. copyright protection without concern for the printing location.

  This example highlights the absence of the manufacturing clause's restrictions in the modern era, showing how its expiration removed a significant hurdle for authors and publishers seeking international printing options.