§ 1202. — Integrity of copyright management information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC1202]
TITLE 17--COPYRIGHTS
CHAPTER 12--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS
Sec. 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.
(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).
(Added Pub. L. 105-304, title I, Sec. 103(a), Oct. 28, 1998, 112 Stat.
2872; amended Pub. L. 106-44, Sec. 1(e), Aug. 5, 1999, 113 Stat. 222.)
References in Text
The effective date of this chapter, referred to in subsec.
(e)(2)(B)(ii)(II), is Oct. 28, 1998. See section 105 of Pub. L. 105-304,
set out as an Effective Date of 1998 Amendment note under section 101 of
this title.
Amendments
1999--Subsec. (e)(2)(B). Pub. L. 106-44 substituted ``category of
works'' for ``category or works'' in introductory provisions.
Section Referred to in Other Sections
This section is referred to in sections 1203, 1204 of this title.
