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-   -   Pirated DVDs, Music, Software & U.S. Customs. (https://www.flyertalk.com/forum/travelbuzz/456054-pirated-dvds-music-software-u-s-customs.html)

The Real McCoy Jul 25, 2005 11:42 am

Pirated DVDs, Music, Software & U.S. Customs.
 
Anyone ever had some inexpensive digital media that was purchased in asia (or elsewhere) confiscated by U.S. Customs? A poster made reference to having "100 DVDs" in their bag that rose no eyebrows in another thread. I've known a ton of "backpacker-types" that have brought back tens, if not hundreds, of presuably pirated media. I've never heard of any of them having any problems.

FWAAA Jul 25, 2005 11:57 am

US Customs looks the other way unless you have more than one copy of a given title. If you have multiples of a given title, Customs assumes you are a dealer and will likely confiscate them. I have brought back plenty of pirated DVDs from Viet Nam and China with no problems at all (always declared them).

If you look at the CBP website I think you will find their policy (illegal but ok if you only have one of each) documented. At least it used to be there.

martian Jul 25, 2005 12:15 pm

Yeah, I have never had a problem with it, and my bag has been searched before.

The Real McCoy Jul 25, 2005 12:35 pm


Originally Posted by FWAAA
US Customs looks the other way unless you have more than one copy of a given title. If you have multiples of a given title, Customs assumes you are a dealer and will likely confiscate them. I have brought back plenty of pirated DVDs from Viet Nam and China with no problems at all (always declared them).

Just curious, what's to declare? If you're paying $1.00 each for a DVD, you'd be buying a lot to get over the $400 required for declaration.

civicmon Jul 25, 2005 2:19 pm


Originally Posted by The Real McCoy
Just curious, what's to declare? If you're paying $1.00 each for a DVD, you'd be buying a lot to get over the $400 required for declaration.

yeah it was me anyways.

and the exemptions are now $800, not $400.

It's all going to depend on how bad of a day the customs agent is having and just your bad luck. I never met anyone who had their CDs and stuff taken (either online or in person) but it's up to you if you want to chance it.

I ALMOST got caught bringing back tequila and rum from mexico.. agent comes up to my car window "what were you doing in mexico?" "was in ensenada" (truth) "bring anything back?" "few bottles of tequila and rum" "ok go ahead"

I had maybe 8 litres of stuff in my trunk... other times, i've been repeatedly questioned, etc, othertimes, just waved through w/o question.

YMMV but if you want to chance it... go for it.

opus17 Jul 25, 2005 6:47 pm

Customs has the legal right to enforce piracy laws. If they wanted to, they could make some serious trouble for you if you try to smuggle this stuff into the U.S..

hfly Jul 25, 2005 6:53 pm

Actually Opus, as a US citizen assuming that you only have one title of each with you, are under your $800 limit, etc. etc. they actually have no legal right to do anything to you the way that the law is currently written. As for the "declaration" question above, dn't know how often you travel, however they will often ask what you bought, especially if you just give an unbrokendown number.

opus17 Jul 25, 2005 6:59 pm


Originally Posted by hfly
Actually Opus, as a US citizen assuming that you only have one title of each with you, are under your $800 limit, etc. etc. they actually have no legal right to do anything to you the way that the law is currently written. As for the "declaration" question above, dn't know how often you travel, however they will often ask what you bought, especially if you just give an unbrokendown number.

hfly -- I travel quite a bit (that's why I'm here!).

My understanding is that these items are contraband (like Cuban cigars, for example). Customs are quite active in online piracy and other similar efforts. I have been questioned about CD's I had in my possession (returning to Portland from Japan) -- they were legitimate CD's with backup software (from my company), but I was advised that I should declare those before I leave the country.

pdhenry Jul 25, 2005 7:01 pm

The new 6059B customs declaration form requires you to list every item. It used to be that you only had to itemize above some threshold.

See http://www.cbp.gov/xp/cgov/travel/va...ation_form.xml , Step 15:

Declare all articles on this form.

pdhenry Jul 25, 2005 7:09 pm


Originally Posted by opus17
My understanding is that these items are contraband (like Cuban cigars, for example). Customs are quite active in online piracy and other similar efforts.

See http://www.cbp.gov/xp/cgov/travel/va...ightedArticles


Trademarked and Copyrighted Articles
Articles bearing marks that are counterfeit or inappropriately using a federally registered trademark are subject to seizure and forfeiture.

...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.
I read this to mean that you may import ONE pirated item but not several different titles, since they are mutiple items of one type.

jerry crump Jul 25, 2005 9:33 pm


Originally Posted by pdhenry
See http://www.cbp.gov/xp/cgov/travel/va...ightedArticles

I read this to mean that you may import ONE pirated item but not several different titles, since they are mutiple items of one type.

I'm glad you provided a link I was chuckling at your humorous law till I clicked on the link and realized it wasn't a joke.

hfly Jul 26, 2005 1:24 am

Opus, the travel quip wasn't aimed at you (I think we've "known" eachother long enough for you to think otherwise!). As for the rest, commercial or proprietary software may have been an issue in your case, anyway please see the actual LAW as posted above and it should explain everything to you.

wonderfultravels Jul 26, 2005 3:29 pm

Please delete

Loren Pechtel Jul 31, 2005 10:50 am


Originally Posted by wonderfultravels
Can I bring back pornographic DVDs to the USA?

I am a male.

JR

Porn's legal here unless it's something like kiddie porn.


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