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Copyright Law
Copyright Act
« 17 USC Sec. 1201 | Index | 17 USC Sec. 1203 »
17 USC 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).
-SOURCE-
(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.)
-REFTEXT-
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.
-MISC2-
AMENDMENTS
1999 - Subsec. (e)(2)(B). Pub. L. 106-44 substituted ''category
of works'' for ''category or works'' in introductory provisions.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1203, 1204 of this title.
« 17 USC Sec. 1201 | Index | 17 USC Sec. 1203 »
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