Chapter 12, Section 1202, Subsection (e) · 17 U.S.C. Chapter 12 — COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS

Contents

(e)

(1)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)

(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)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).

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 14

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analog video cassette camcorder
means an analog video cassette recorder that contains a recording function that operates through a camera lens and through a video input that may be connected with a television or other video playback device.
analog video cassette recorder
means a device that records, or a device that includes a function that records, on electromagnetic tape in an analog format the electronic impulses produced by the video and audio portions of a television program, motion picture, or other form of audiovisual work.
broadcast station
has the meaning given that term in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
cable system
has the meaning given that term in section 602 of the Communications Act of 1934 (47 U.S.C. 522).
circumvent a technological measure
means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner;
circumvent protection afforded by a technological measure
means avoiding, bypassing, removing, deactivating, or otherwise impairing a technological measure;
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:
encryption research
means activities necessary to identify and analyze flaws and vulnerabilities of encryption technologies applied to copyrighted works, if these activities are conducted to advance the state of knowledge in the field of encryption technology or to assist in the development of encryption products;
encryption technology
means the scrambling and descrambling of information using mathematical formulas or algorithms.
information security
means activities carried out in order to identify and address the vulnerabilities of a government computer, computer system, or computer network.
interoperability
means the ability of computer programs to exchange information, and of such programs mutually to use the information which has been exchanged.
professional analog video cassette recorder
means an analog video cassette recorder that is designed, manufactured, marketed, and intended for use by a person who regularly employs such a device for a lawful business or industrial use, including making, performing, displaying, distributing, or transmitting copies of motion pictures on a commercial scale.
public broadcasting entity
has the meaning given such term under section 118(f).
security testing
means accessing a computer, computer system, or computer network, solely for the purpose of good faith testing, investigating, or correcting, a security flaw or vulnerability, with the authorization of the owner or operator of such computer, computer system, or computer network.