U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗

this section. Any

violation of paragraph (2) of this subsection shall be deemed an "act of

circumvention" for the purposes of section 1203(c)(3)(A) of this

chapter.

Section 1202. Integrity of copyright management information [3]

(a) False Copyright Management Information. No person shall knowingly

and with the intent to induce, enable, facilitate, or conceal

infringement-

(1) provide copyright management information that is false, or

(2) distribute or import for distribution copyright management

information that is false.

(b) Removal or Alteration of Copyright Management Information. No person

shall, without the authority of the copyright owner or the law-

(1) intentionally remove or alter any copyright management information,

(2) distribute or import for distribution copyright management

information knowing that the copyright management information has been

removed or altered without authority of the copyright owner or the law,

or

(3) distribute, import for distribution, or publicly perform works,

copies of works, or phonorecords, knowing that copyright management

information has been removed or altered without authority of the

copyright owner or the law,

knowing, or, with respect to civil remedies under section 1203, having

reasonable grounds to know, that it will induce, enable, facilitate, or

conceal an infringement of any right under this title.

(c) Definition. As used in this section, the term "copyright management

information" means any of the following information conveyed in

connection with copies or phonorecords of a work or performances or

displays of a work, including in digital form, except that such term

does not include any personally identifying information about a user of

a work or of a copy, phonorecord, performance, or display of a work:

(1) The title and other information identifying the work, including the

information set forth on a notice of copyright.

(2) The name of, and other identifying information about, the author of

a work.

(3) The name of, and other identifying information about, the copyright

owner of the work, including the information set forth in a notice of

copyright.

(4) With the exception of public performances of works by radio and

television broadcast stations, the name of, and other identifying

information about, a performer whose performance is fixed in a work

other than an audiovisual work.

(5) With the exception of public performances of works by radio and

television broadcast stations, in the case of an audiovisual work, the

name of, and other identifying information about, a writer, performer,

or director who is credited in the audiovisual work.

(6) Terms and conditions for use of the work.

(7) Identifying numbers or symbols referring to such information or

links to such information.

(8) Such other information as the Register of Copyrights may prescribe

by regulation, except that the Register of Copyrights may not require

the provision of any information concerning the user of a copyrighted

work.

(d) Law Enforcement, Intelligence, and Other Government Activities. This

section does not prohibit any lawfully authorized investigative,

protective, information security, or intelligence activity of an

officer, agent, or employee of the United States, a State, or a

political subdivision of a State, or a person acting pursuant to a

contract with the United States, a State, or a political subdivision of

a State. For purposes of this subsection, the term "information

security" means activities carried out in order to identify and address

the vulnerabilities of a government computer, computer system, or

computer network.

(e) Limitations on Liability.

(1) Analog Transmissions. In the case of an analog transmission, a

person who is making transmissions in its capacity as a broadcast

station, or as a cable system, or someone who provides programming to

such station or system, shall not be liable for a violation of

subsection (b) if-

(A) avoiding the activity that constitutes such violation is not

technically feasible or would create an undue financial hardship on such

person; and

(B) such person did not intend, by engaging in such activity, to induce,

enable, facilitate, or conceal infringement of a right under this title.

(2) Digital Transmissions.

(A) If a digital transmission standard for the placement of copyright

management information for a category of works is set in a voluntary,

consensus standard-setting process involving a representative cross-

section of broadcast stations or cable systems and copyright owners of a

category of works that are intended for public performance by such

stations or systems, a person identified in paragraph (1) shall not be

liable for a violation of subsection (b) with respect to the particular

copyright management information addressed by such standard if-

(i) the placement of such information by someone other than such person

is not in accordance with such standard; and

(ii) the activity that constitutes such violation is not intended to

induce, enable, facilitate, or conceal infringement of a right under

this title.

(B) Until a digital transmission standard has been set pursuant to

subparagraph (A) with respect to the placement of copyright management

information for a category of works, a person identified in paragraph

(1) shall not be liable for a violation of subsection (b) with respect

to such copyright management information, if the activity that

constitutes such violation is not intended to induce, enable,

facilitate, or conceal infringement of a right under this title, and if-

(i) the transmission of such information by such person would result in

a perceptible visual or aural degradation of the digital signal; or

(ii) the transmission of such information by such person would conflict

with-

(I) an applicable government regulation relating to transmission of

information in a digital signal;

(II) an applicable industry-wide standard relating to the transmission

of information in a digital signal that was adopted by a voluntary

consensus standards body prior to the effective date of this chapter; or

(III) an applicable industry-wide standard relating to the transmission

of information in a digital signal that was adopted in a voluntary,

consensus standards-setting process open to participation by a

representative cross-section of broadcast stations or cable systems and

copyright owners of a category of works that are intended for public

performance by such stations or systems.

(3) Definitions. As used in this subsection-

(A) the term "broadcast station" has the meaning given that term in

section 3 of the Communications Act of 1934 (47 U.S.C. 153); and

(B) the term "cable system" has the meaning given that term in section

602 of the Communications Act of 1934 (47 U.S.C. 522).

Section 1203. Civil remedies [5]

(a) Civil Actions. Any person injured by a violation of section 1201 or

1202 may bring a civil action in an appropriate United States district

court for such violation.

(b) Powers of the Court. In an action brought under subsection (a), the

court-

(1) may grant temporary and permanent injunctions on such terms as it

deems reasonable to prevent or restrain a violation, but in no event

shall impose a prior restraint on free speech or the press protected

under the 1st amendment to the Constitution;

(2) at any time while an action is pending, may order the impounding, on

such terms as it deems reasonable, of any device or product that is in

the custody or control of the alleged violator and that the court has

reasonable cause to believe was involved in a violation;

(3) may award damages under subsection (c);

(4) in its discretion may allow the recovery of costs by or against any

party other than the United States or an officer thereof;

(5) in its discretion may award reasonable attorney's fees to the

prevailing party; and

(6) may, as part of a final judgment or decree finding a violation,

order the remedial modification or the destruction of any device or

product involved in the violation that is in the custody or control of

the violator or has been impounded under paragraph (2).

(c) Award of Damages.

(1) In General. Except as otherwise provided in this title, a person

committing a violation of section 1201 or 1202 is liable for either-

(A) the actual damages and any additional profits of the violator, as

provided in paragraph (2), or

(B) statutory damages, as provided in paragraph (3).

(2) Actual Damages. The court shall award to the complaining party the

actual damages suffered by the party as a result of the violation, and

any profits of the violator that are attributable to the violation and

are not taken into account in computing the actual damages, if the

complaining party elects such damages at any time before final judgment

is entered.

(3) Statutory Damages. (A) At any time before final judgment is entered,

a complaining party may elect to recover an award of statutory damages

for each violation of section 1201 in the sum of not less than $200 or

more than $2,500 per act of circumvention, device, product, component,

offer, or performance of service, as the court considers just.

(B) At any time before final judgment is entered, a complaining party

may elect to recover an award of statutory damages for each violation of

section 1202 in the sum of not less than $2,500 or more than $25,000.

(4) Repeated Violations. In any case in which the injured party sustains

the burden of proving, and the court finds, that a person has violated

section 1201 or 1202 within three years after a final judgment was

entered against the person for another such violation, the court may

increase the award of damages up to triple the amount that would

otherwise be awarded, as the court considers just.

(5) Innocent Violations.

(A) In General. The court in its discretion may reduce or remit the

total award of damages in any case in which the violator sustains the

burden of proving, and the court finds, that the violator was not aware

and had no reason to believe that its acts constituted a violation.

(B) Nonprofit Library, Archives, Educational Institutions, or Public

Broadcasting Entities.

(i) Definition. In this subparagraph, the term "public broadcasting

entity" has the meaning given such term under section 118(g).

(ii) In general. In the case of a nonprofit library, archives,

educational institution, or public broadcasting entity, the court shall

remit damages in any case in which the library, archives, educational

institution, or public broadcasting entity sustains the burden of

proving, and the court finds, that the library, archives, educational

institution, or public broadcasting entity was not aware and had no

reason to believe that its acts constituted a violation.

Section 1204. Criminal offenses and penalties [5]

(a) In General. Any person who violates section 1201 or 1202 willfully

and for purposes of commercial advantage or private financial gain-

(1) shall be fined not more than $500,000 or imprisoned for not more

than 5 years, or both, for the first offense; and

(2) shall be fined not more than $1,000,000 or imprisoned for not more

than 10 years, or both, for any subsequent offense.

(b) Limitation for Nonprofit Library, Archives, Educational Institution,

or Public Broadcasting Entity. Subsection (a) shall not apply to a

nonprofit library, archives, educational institution, or public

broadcasting entity (as defined under section 118(g)).

(c) Statute of Limitations. No criminal proceeding shall be brought

under this section unless such proceeding is commenced within five years

after the cause of action arose.

Section 1205. Savings clause

Nothing in this chapter abrogates, diminishes, or weakens the provisions

of, nor provides any defense or element of mitigation in a criminal

prosecution or civil action under, any Federal or State law that

prevents the violation of the privacy of an individual in connection

with the individual's use of the Internet.

Chapter 12 Endnotes

1 The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 added chapter 12, entitled "Copyright

Protection and Management Systems," to title 17. Pub. L. No. 105-304,

112 Stat. 2860, 2863. The WIPO Copyright and Performances and Phonograms

Treaties Implementation Act of 1998 is title I of the Digital Millennium

Copyright Act. Pub. L. No. 105-304, 112 Stat. 2860.

2 The Satellite Home Viewer Improvement Act of 1999