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Theresa Gowanlock and Theresa Delaney - "Two months in the camp of Big Bear"

Gilbert Parker - "Embers, Volume 3."

Richard F. Burton - "Supplemental Nights, Volume 5"

Unknown - "The Bible, Douay Rheims, Book 11: 3 Kings"

Copyright Law of the United States of America

T >> The US Copyright Office >> Copyright Law of the United States of America




(g) Encryption Research.

(1) Definitions. For purposes of this subsection-

(A) the term "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; and

(B) the term "encryption technology" means the scrambling and
descrambling of information using mathematical formulas or algorithms.

(2) Permissible Acts of Encryption Research. Notwithstanding the
provisions of subsection (a)(1)(A), it is not a violation of that
subsection for a person to circumvent a technological measure as applied
to a copy, phonorecord, performance, or display of a published work in
the course of an act of good faith encryption research if-

(A) the person lawfully obtained the encrypted copy, phonorecord,
performance, or display of the published work;

(B) such act is necessary to conduct such encryption research;

(C) the person made a good faith effort to obtain authorization before
the circumvention; and

(D) such act does not constitute infringement under this title or a
violation of applicable law other than this section, including section
1030 of title 18 and those provisions of title 18 amended by the
Computer Fraud and Abuse Act of 1986.

(3) Factors in Determining Exemption. In determining whether a person
qualifies for the exemption under paragraph (2), the factors to be
considered shall include-

(A) whether the information derived from the encryption research was
disseminated, and if so, whether it was disseminated in a manner
reasonably calculated to advance the state of knowledge or development
of encryption technology, versus whether it was disseminated in a manner
that facilitates infringement under this title or a violation of
applicable law other than this section, including a violation of privacy
or breach of security;

(B) whether the person is engaged in a legitimate course of study, is
employed, or is appropriately trained or experienced, in the field of
encryption technology; and

(C) whether the person provides the copyright owner of the work to which
the technological measure is applied with notice of the findings and
documentation of the research, and the time when such notice is
provided.

(4) Use of Technological Means for Research Activities. Notwithstanding
the provisions of subsection (a)(2), it is not a violation of that
subsection for a person to-

(A) develop and employ technological means to circumvent a technological
measure for the sole purpose of that person performing the acts of good
faith encryption research described in paragraph (2); and

(B) provide the technological means to another person with whom he or
she is working collaboratively for the purpose of conducting the acts of
good faith encryption research described in paragraph (2) or for the
purpose of having that other person verify his or her acts of good faith
encryption research described in paragraph (2).

(5) Report to Congress. Not later than 1 year after the date of the
enactment of this chapter, the Register of Copyrights and the Assistant
Secretary for Communications and Information of the Department of
Commerce shall jointly report to the Congress on the effect this
subsection has had on-

(A) encryption research and the development of encryption technology;

(B) the adequacy and effectiveness of technological measures designed to
protect copyrighted works; and

(C) protection of copyright owners against the unauthorized access to
their encrypted copyrighted works.

The report shall include legislative recommendations, if any.

(h) Exceptions Regarding Minors. In applying subsection (a) to a
component or part, the court may consider the necessity for its intended
and actual incorporation in a technology, product, service, or device,
which-

(1) does not itself violate the provisions of this title; and

(2) has the sole purpose to prevent the access of minors to material on
the Internet.

(i) Protection of Personally Identifying Information.

(1) Circumvention Permitted. Notwithstanding the provisions of
subsection (a)(1)(A), it is not a violation of that subsection for a
person to circumvent a technological measure that effectively controls
access to a work protected under this title, if-

(A) the technological measure, or the work it protects, contains the
capability of collecting or disseminating personally identifying
information reflecting the online activities of a natural person who
seeks to gain access to the work protected;

(B) in the normal course of its operation, the technological measure, or
the work it protects, collects or disseminates personally identifying
information about the person who seeks to gain access to the work
protected, without providing conspicuous notice of such collection or
dissemination to such person, and without providing such person with the
capability to prevent or restrict such collection or dissemination;

(C) the act of circumvention has the sole effect of identifying and
disabling the capability described in subparagraph (A), and has no other
effect on the ability of any person to gain access to any work; and

(D) the act of circumvention is carried out solely for the purpose of
preventing the collection or dissemination of personally identifying
information about a natural person who seeks to gain access to the work
protected, and is not in violation of any other law.

(2) Inapplicability to Certain Technological Measures.

This subsection does not apply to a technological measure, or a work it
protects, that does not collect or disseminate personally identifying
information and that is disclosed to a user as not having or using such
capability.

(j) Security Testing.

(1) Definition. For purposes of this subsection, the term "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.

(2) Permissible Acts of Security Testing. Notwithstanding the provisions
of subsection (a)(1)(A), it is not a violation of that subsection for a
person to engage in an act of security testing, if such act does not
constitute infringement under this title or a violation of applicable
law other than this section, including section 1030 of title 18 and
those provisions of title 18 amended by the Computer Fraud and Abuse Act
of 1986.

(3) Factors in Determining Exemption. In determining whether a person
qualifies for the exemption under paragraph (2), the factors to be
considered shall include-

(A) whether the information derived from the security testing was used
solely to promote the security of the owner or operator of such
computer, computer system or computer network, or shared directly with
the developer of such computer, computer system, or computer network;
and

(B) whether the information derived from the security testing was used
or maintained in a manner that does not facilitate infringement under
this title or a violation of applicable law other than this section,
including a violation of privacy or breach of security.

(4) Use of Technological Means for Security Testing. Notwithstanding
the provisions of subsection (a)(2), it is not a violation of that
subsection for a person to develop, produce, distribute or employ
technological means for the sole purpose of performing the acts of
security testing described in subsection (2), provided such
technological means does not otherwise violate section (a)(2).

(k) Certain Analog Devices and Certain Technological Measures.

(1) Certain Analog Devices.

(A) Effective 18 months after the date of the enactment of this chapter,
no person shall manufacture, import, offer to the public, provide or
otherwise traffic in any-

(i) VHS format analog video cassette recorder unless such recorder
conforms to the automatic gain control copy control technology;

(ii) 8mm format analog video cassette camcorder unless such camcorder
conforms to the automatic gain control technology;

(iii) Beta format analog video cassette recorder, unless such recorder
conforms to the automatic gain control copy control technology, except
that this requirement shall not apply until there are 1,000 Beta format
analog video cassette recorders sold in the United States in any one
calendar year after the date of the enactment of this chapter;

(iv) 8mm format analog video cassette recorder that is not an analog
video cassette camcorder, unless such recorder conforms to the automatic
gain control copy control technology, except that this requirement shall
not apply until there are 20,000 such recorders sold in the United
States in any one calendar year after the date of the enactment of this
chapter; or

(v) analog video cassette recorder that records using an NTSC format
video input and that is not otherwise covered under clauses (i) through
(iv), unless such device conforms to the automatic gain control copy
control technology.

(B) Effective on the date of the enactment of this chapter, no person
shall manufacture, import, offer to the public, provide or otherwise
traffic in-

(i) any VHS format analog video cassette recorder or any 8mm format
analog video cassette recorder if the design of the model of such
recorder has been modified after such date of enactment so that a model
of recorder that previously conformed to the automatic gain control copy
control technology no longer conforms to such technology; or

(ii) any VHS format analog video cassette recorder, or any 8mm format
analog video cassette recorder that is not an 8mm analog video cassette
camcorder, if the design of the model of such recorder has been modified
after such date of enactment so that a model of recorder that previously
conformed to the four-line colorstripe copy control technology no longer
conforms to such technology.

Manufacturers that have not previously manufactured or sold a VHS format
analog video cassette recorder, or an 8mm format analog cassette
recorder, shall be required to conform to the four-line colorstripe copy
control technology in the initial model of any such recorder
manufactured after the date of the enactment of this chapter, and
thereafter to continue conforming to the four-line colorstripe copy
control technology. For purposes of this subparagraph, an analog video
cassette recorder "conforms to" the four-line colorstripe copy control
technology if it records a signal that, when played back by the playback
function of that recorder in the normal viewing mode, exhibits, on a
reference display device, a display containing distracting visible lines
through portions of the viewable picture.

(2) Certain Encoding Restrictions. No person shall apply the automatic
gain control copy control technology or colorstripe copy control
technology to prevent or limit consumer copying except such copying-

(A) of a single transmission, or specified group of transmissions, of
live events or of audiovisual works for which a member of the public has
exercised choice in selecting the transmissions, including the content
of the transmissions or the time of receipt of such transmissions, or
both, and as to which such member is charged a separate fee for each
such transmission or specified group of transmissions;

(B) from a copy of a transmission of a live event or an audiovisual work
if such transmission is provided by a channel or service where payment
is made by a member of the public for such channel or service in the
form of a subscription fee that entitles the member of the public to
receive all of the programming contained in such channel or service;

(C) from a physical medium containing one or more prerecorded
audiovisual works; or

(D) from a copy of a transmission described in subparagraph (A) or from
a copy made from a physical medium described in subparagraph (C).

In the event that a transmission meets both the conditions set forth in
subparagraph (A) and those set forth in subparagraph (B), the
transmission shall be treated as a transmission described in
subparagraph (A).

(3) Inapplicability. This subsection shall not-

(A) require any analog video cassette camcorder to conform to the
automatic gain control copy control technology with respect to any video
signal received through a camera lens;

(B) apply to the manufacture, importation, offer for sale, provision of,
or other trafficking in, any professional analog video cassette
recorder; or

(C) apply to the offer for sale or provision of, or other trafficking
in, any previously owned analog video cassette recorder, if such
recorder was legally manufactured and sold when new and not subsequently
modified in violation of paragraph (1)(B).

(4) Definitions. For purposes of this subsection:

(A) An "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.

(B) An "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.

(C) An analog video cassette recorder "conforms" to the automatic gain
control copy control technology if it-

(i) detects one or more of the elements of such technology and does not
record the motion picture or transmission protected by such technology;
or

(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, 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.

(E) The terms "VHS format," "8mm format," "Beta format," "automatic gain
control 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
electronics 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 violation 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.


Section 1202. Integrity of copyright management information [3]

(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).


Section 1203. Civil remedies [5]

(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).

(c) Award of Damages.

(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.

(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 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 three 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.

(5) Innocent Violations.

(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.

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