17 U.S.C. 1202.
Integrity of Copyright Management Information
§ 1202. Integrity of Copyright Management Information
(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 [17 U.S.C.A. S 1
et seq.].
(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).
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