17 U.S.C. § 1202 — Integrity of copyright management infor-

Page 222 TITLE 17—COPYRIGHTS § 1202 (ii) records a signal that, when played back, exhibits a meaningfully distorted or degraded display. (D) The term ‘‘professional analog video cassette recorder’’ means an analog video cassette recorder that is designed, manufac- tured, marketed, and intended for use by a person who regularly employs such a device for a lawful business or industrial use, in- cluding making, performing, displaying, dis- tributing, or transmitting copies of motion pictures on a commercial scale. (E) The terms ‘‘VHS format’’, ‘‘8mm for- mat’’, ‘‘Beta format’’, ‘‘automatic gain con- trol copy control technology’’, ‘‘colorstripe copy control technology’’, ‘‘four-line version of the colorstripe copy control technology’’, and ‘‘NTSC’’ have the meanings that are commonly understood in the consumer elec- tronics and motion picture industries as of the date of the enactment of this chapter. (5) VIOLATIONS.—Any violation of paragraph (1) of this subsection shall be treated as a vio- lation of subsection (b)(1) of 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. (Added Pub. L. 105–304, title I, § 103(a), Oct. 28, 1998, 112 Stat. 2863; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5006], Nov. 29, 1999, 113 Stat. 1536, 1501A–594.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this chapter, referred to in subsecs. (a)(1)(A), (g)(5), and (k)(1), (4)(E), is the date of enactment of Pub. L. 105–304, which was approved Oct. 28, 1998. The Computer Fraud and Abuse Act of 1986, referred to in subsecs. (g)(2)(D) and (j)(2), is Pub. L. 99–474, Oct. 16, 1986, 100 Stat. 1213, which amended section 1030 of Title 18, Crimes and Criminal Procedure, and enacted provisions set out as a note under section 1001 of Title 18. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 1001 of Title 18 and Tables. AMENDMENTS 1999—Subsec. (a)(1)(C). Pub. L. 106–113 struck out ‘‘on the record’’ after ‘‘determination in a rulemaking pro- ceeding’’ in first sentence. Statutory Notes and Related Subsidiaries UNLOCKING CONSUMER CHOICE AND WIRELESS COMPETITION Pub. L. 113–144, Aug. 1, 2014, 128 Stat. 1751, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Unlocking Consumer Choice and Wireless Competition Act’. ‘‘SEC. 2. REPEAL OF EXISTING RULE AND ADDI- TIONAL RULEMAKING BY LIBRARIAN OF CON- GRESS. ‘‘(a) REPEAL AND REPLACE.—As of the date of the en- actment of this Act [Aug. 1, 2014], paragraph (3) of sec- tion 201.40(b) of title 37, Code of Federal Regulations, as amended and revised by the Librarian of Congress on October 28, 2012, pursuant to the Librarian’s authority under section 1201(a) of title 17, United States Code, shall have no force and effect, and such paragraph shall read, and shall be in effect, as such paragraph was in ef- fect on July 27, 2010. ‘‘(b) RULEMAKING.—The Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Commu- nications and Information of the Department of Com- merce and report and comment on his or her views in making such recommendation, shall determine, con- sistent with the requirements set forth under section 1201(a)(1) of title 17, United States Code, whether to ex- tend the exemption for the class of works described in section 201.40(b)(3) of title 37, Code of Federal Regula- tions, as amended by subsection (a), to include any other category of wireless devices in addition to wire- less telephone handsets. The determination shall be made in the first rulemaking under section 1201(a)(1)(C) of title 17, United States Code, that begins on or after the date of enactment of this Act. ‘‘(c) UNLOCKING AT DIRECTION OF OWNER.—Circumven- tion of a technological measure that restricts wireless telephone handsets or other wireless devices from con- necting to a wireless telecommunications network— ‘‘(1)(A) as authorized by paragraph (3) of section 201.40(b) of title 37, Code of Federal Regulations, as made effective by subsection (a); and ‘‘(B) as may be extended to other wireless devices pursuant to a determination in the rulemaking con- ducted under subsection (b); or ‘‘(2) as authorized by an exemption adopted by the Librarian of Congress pursuant to a determination made on or after the date of enactment of this Act under section 1201(a)(1)(C) of title 17, United States Code, may be initiated by the owner of any such handset or other device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the di- rection of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. ‘‘(d) RULE OF CONSTRUCTION.— ‘‘(1) IN GENERAL.—Except as expressly provided herein, nothing in this Act shall be construed to alter the scope of any party’s rights under existing law. ‘‘(2) LIBRARIAN OF CONGRESS.—Nothing in this Act alters, or shall be construed to alter, the authority of the Librarian of Congress under section 1201(a)(1) of title 17, United States Code. ‘‘(e) DEFINITIONS.—In this Act: ‘‘(1) COMMERCIAL MOBILE DATA SERVICE; COMMERCIAL MOBILE RADIO SERVICE.—The terms ‘commercial mo- bile data service’ and ‘commercial mobile radio serv- ice’ have the respective meanings given those terms in section 20.3 of title 47, Code of Federal Regula- tions, as in effect on the date of the enactment of this Act. ‘‘(2) WIRELESS TELECOMMUNICATIONS NETWORK.—The term ‘wireless telecommunications network’ means a network used to provide a commercial mobile radio service or a commercial mobile data service. ‘‘(3) WIRELESS TELEPHONE HANDSETS; WIRELESS DE- VICES.—The terms ‘wireless telephone handset’ and ‘wireless device’ mean a handset or other device that operates on a wireless telecommunications network.’’ § 1202. Integrity of copyright management infor- mation (a) FALSE COPYRIGHT MANAGEMENT INFORMA- TION.—No person shall knowingly and with the intent to induce, enable, facilitate, or conceal infringement— (1) provide copyright management informa- tion that is false, or (2) distribute or import for distribution copyright management information that is false. Page 223 TITLE 17—COPYRIGHTS § 1202 (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 copy- right 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 man- agement information has been removed or al- tered 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 con- veyed 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 in- formation about a user of a work or of a copy, phonorecord, performance, or display of a work: (1) The title and other information identi- fying the work, including the information set forth on a notice of copyright. (2) The name of, and other identifying infor- mation about, the author of a work. (3) The name of, and other identifying infor- mation about, the copyright owner of the work, including the information set forth in a notice of copyright. (4) With the exception of public perform- ances of works by radio and television broad- cast stations, the name of, and other identi- fying information about, a performer whose performance is fixed in a work other than an audiovisual work. (5) With the exception of public perform- ances of works by radio and television broad- cast stations, in the case of an audiovisual work, the name of, and other identifying infor- mation 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 informa- tion. (8) Such other information as the Register of Copyrights may prescribe by regulation, ex- cept that the Register of Copyrights may not require the provision of any information con- cerning the user of a copyrighted work. (d) LAW ENFORCEMENT, INTELLIGENCE, AND OTHER GOVERNMENT ACTIVITIES.—This section does not prohibit any lawfully authorized inves- tigative, protective, information security, or in- telligence activity of an officer, agent, or em- ployee of the United States, a State, or a polit- ical 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 ‘‘informa- tion 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 sys- tem, shall not be liable for a violation of sub- section (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 engag- ing in such activity, to induce, enable, facili- tate, or conceal infringement of a right under this title. (2) DIGITAL TRANSMISSIONS.— (A) If a digital transmission standard for the placement of copyright management in- formation for a category of works is set in a voluntary, consensus standard-setting proc- ess 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 viola- tion of subsection (b) with respect to the particular copyright management informa- tion 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 sub- section (b) with respect to such copyright management information, if the activity that constitutes such violation is not in- tended to induce, enable, facilitate, or con- ceal infringement of a right under this title, and if— (i) the transmission of such information by such person would result in a percep- tible 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 regula- tion relating to transmission of informa- tion in a digital signal; (II) an applicable industry-wide stand- ard relating to the transmission of infor- mation in a digital signal that was adopted by a voluntary consensus stand- ards body prior to the effective date of this chapter; or (III) an applicable industry-wide stand- ard relating to the transmission of infor- Page 224 TITLE 17—COPYRIGHTS § 1203 mation in a digital signal that was adopted in a voluntary, consensus stand- ards-setting process open to participa- tion 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 sub- section— (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 mean- ing given that term in section 602 of the Communications Act of 1934 (47 U.S.C. 522). (Added Pub. L. 105–304, title I, § 103(a), Oct. 28, 1998, 112 Stat. 2872; amended Pub. L. 106–44, § 1(e), Aug. 5, 1999, 113 Stat. 222.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- sec. (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 intro- ductory provisions. § 1203. Civil remedies (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 in- junctions on such terms as it deems reason- able 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 modi- fication 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 pro- vided in this title, a person committing a vio- lation of section 1201 or 1202 is liable for ei- ther— (A) the actual damages and any additional profits of the violator, as provided in para- graph (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 viola- tion, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual dam- ages, 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 com- plaining party may elect to recover an award of statutory damages for each violation of sec- tion 1201 in the sum of not less than $200 or more than $2,500 per act of circumvention, de- vice, product, component, offer, or perform- ance of service, as the court considers just. (B) At any time before final judgment is en- tered, a complaining party may elect to re- cover 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 3 years after a final judgment was entered against the person for another such violation, the court may increase the award of damages up to tri- ple the amount that would otherwise be awarded, as the court considers just. (5) INNOCENT VIOLATIONS.— (A) IN GENERAL.—The court in its discre- tion 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 con- stituted a violation. (B) NONPROFIT LIBRARY, ARCHIVES, EDU- CATIONAL INSTITUTIONS, OR PUBLIC BROAD- CASTING ENTITIES.— (i) DEFINITION.—In this subparagraph, the term ‘‘public broadcasting entity’’ has the meaning given such term under sec- tion 118(f). (ii) IN GENERAL.—In the case of a non- profit library, archives, educational insti- tution, 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, edu- cational institution, or public broad- casting entity was not aware and had no reason to believe that its acts constituted a violation. (Added Pub. L. 105–304, title I, § 103(a), Oct. 28, 1998, 112 Stat. 2874; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5004(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–593; Pub. L. 111–295, § 6(f)(3), Dec. 9, 2010, 124 Stat. 3181.)