CMI and Remedial Provisions of Chapter 12
17 U.S.C. §§ 1202-1205
17 U.S.C. § 1202
§ 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 [sic] 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.
* * *
[Limitations for certain broadcasters, cable systems,
and providers of programming to them omitted.}
17 U.S.C. § 1203
§ 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 injunctions on such terms as
it deems reasonable 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 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—
(A) the actual damages and any additional profits of the violator,
as provided in paragraph (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 violation,
and any profits of the violator that are attributable to the violation
and are not taken into account in computing the actual damages, if the
complaining party elects such damages at any time before final judgment
is entered.
(A) At any time before final judgment is entered, a complaining
party may elect to recover an award of statutory damages for each
violation of section 1201 in the sum of not less than $ 200 or more
than $ 2,500 per act of circumvention, device, product, component,
offer, or performance of service, as the court considers just.
(B) At any time before final judgment is entered, a complaining
party may elect to recover 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 triple the amount that would
otherwise be awarded, as the court considers just.
(A) In general. The court in its discretion 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 constituted
a violation.
(B) Nonprofit library, archives, educational institutions, or
public broadcasting entities.
(i) Definition. In this subparagraph, the term "public
broadcasting entity" has the meaning given such term under [17 U.S.C.]
section 118(g).
(ii) In general. In the case of a nonprofit library,
archives, educational institution, 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, educational institution, or public broadcasting entity
was not aware and had no reason to believe that its acts constituted
a violation.
17 U.S.C. § 1204
§ 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—
(1) shall be fined not more than $ 500,000 or imprisoned for not more
than 5 years, or both, for the first offense; and
(2) shall be fined not more than $ 1,000,000 or imprisoned for not
more than 10 years, or both, for any subsequent offense.
(b) Limitation for nonprofit library, archives, educational institution,
or public broadcasting entity. Subsection (a) shall not apply to
a nonprofit library, archives, educational institution, or public broadcasting
entity (as defined under [17 U.S.C.] section 118(g)).
(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.
17 U.S.C. § 1205
§ 1205. Savings clause
Nothing in this chapter abrogates, diminishes, or weakens the provisions
of, nor provides any defense or element of mitigation in a criminal prosecution
or civil action under, any Federal or State law that prevents the violation
of the privacy of an individual in connection with the individual's use
of the Internet.
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