Law on CMI
|Professor Jay Dratler, Jr.||
Room 231D (IP Alcove)
|Copyright © 2000, 2001, 2002, 2003, 2004, 2005, 2006 Jay Dratler, Jr.|
Copyright Management Information: Statutory Provisions
17 U.S.C. §§ 1202 - 1204
§ 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
(2) distribute or import for distribution copyright management information that is false.
(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,
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:
(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
(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.
(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
(B) such person did not intend, by engaging in such activity, to induce, enable, facilitate, or conceal infringement of a right under this title.
(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 copyrightowners 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
(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
(I) an applicable government regulation relating to transmission
of information in a digital signal;
(3) Definitions. As used in this subsection
(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).
§ 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
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).
(1) In general. Except as otherwise provided in this title, a person committing a violation of section 1201 or 1202 is liable for either
(B) statutory damages, as provided in paragraph (3).
(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
(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 mayincrease the award of damages up to triple the amount that would otherwise be awarded, as the court considers just.
(5) Innocent violations.
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, or educational institutions. In the case of a nonprofit library, archives, or educational institution, the court shall remit damages in any case in which the library, archives, or educational institution sustains the burden of proving, and the court finds, that the library, archives, or educational institution was not aware and had no reason to believe that its acts constituted a violation.
§ 1204. Criminal offenses and penalties
(a) In general. Any person who violates section 1201 or 1202 willfully and for purposes of commercial advantage or private financial gain
(2) shall be fined not more than $ 1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense.
(c) Statute of limitations. No criminal proceeding shall be brought under this section unless such proceeding is commenced within 5 years after the cause of action arose.