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17 U.S.C. § 1002 — Incorporation of copying controls

submitted 34 years ago by Pub. L. 102-563 to r/title-17-COPYRIGHTS · 341 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires covered digital audio devices and interfaces to use specified copying-control systems. It also prohibits circumventing those systems and prohibits encoding inaccurate source information, while setting rules for copyright-status information.

(a) A person may not import, make, or distribute a digital audio recording device or digital audio interface device unless it conforms to one of these systems: (1) the Serial Copy Management System; (2) a system with the same functional characteristics that requires copyright and generation-status information to be accurately sent, received, and acted on between devices using that system and devices using the Serial Copy Management System; or (3) another system that the Secretary of Commerce certifies prohibits unauthorized serial copying.

(b) The Secretary of Commerce must establish a procedure for verifying, when an interested party petitions, whether a system meets subsection (a)(2)'s standards.

(c) A person may not import, make, or distribute a device, or offer or perform a service, whose main purpose or effect is to avoid, bypass, remove, deactivate, or otherwise get around any program or circuit that implements all or part of a system described in subsection (a).

(d)(1) A person may not encode a digital musical recording of a sound recording with inaccurate information about the category code, copyright status, or generation status of the source material.

(d)(2) Nothing in this chapter requires a person who imports or makes digital musical recordings to encode a recording with information about its copyright status.

(e) This chapter does not require a person who transmits or otherwise communicates a sound recording in digital format to the public to transmit or communicate information about the recording's copyright status. But if that person does transmit or communicate that information, the person must do so accurately.

the actual law source: uscode.house.gov ↗public domain
(a)Prohibition on Importation, Manufacture, and Distribution.—

No person shall import, manufacture, or distribute any digital audio recording device or digital audio interface device that does not conform to—

(1)

the Serial Copy Management System;

(2)

a system that has the same functional characteristics as the Serial Copy Management System and requires that copyright and generation status information be accurately sent, received, and acted upon between devices using the system’s method of serial copying regulation and devices using the Serial Copy Management System; or

(3)

any other system certified by the Secretary of Commerce as prohibiting unauthorized serial copying.

(b)Development of Verification Procedure.—

The Secretary of Commerce shall establish a procedure to verify, upon the petition of an interested party, that a system meets the standards set forth in subsection (a)(2).

(c)Prohibition on Circumvention of the System.—

No person shall import, manufacture, or distribute any device, or offer or perform any service, the primary purpose or effect of which is to avoid, bypass, remove, deactivate, or otherwise circumvent any program or circuit which implements, in whole or in part, a system described in subsection (a).

(d)Encoding of Information on Digital Musical Recordings.—
(1)Prohibition on encoding inaccurate information.—

No person shall encode a digital musical recording of a sound recording with inaccurate information relating to the category code, copyright status, or generation status of the source material for the recording.

(2)Encoding of copyright status not required.—

Nothing in this chapter requires any person engaged in the importation or manufacture of digital musical recordings to encode any such digital musical recording with respect to its copyright status.

(e)Information Accompanying Transmissions in Digital Format.—

Any person who transmits or otherwise communicates to the public any sound recording in digital format is not required under this chapter to transmit or otherwise communicate the information relating to the copyright status of the sound recording. Any such person who does transmit or otherwise communicate such copyright status information shall transmit or communicate such information accurately.

Source credit: (Added Pub. L. 102–563, § 2, Oct. 28, 1992, 106 Stat. 4240.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-563 · 106 Stat. 4240

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-563 on 1992-10-28.

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