PUBLIC LAW 105-304—OCT. 28, 1998
112 STAT. 2873
"(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 Copy-
rights may not require the provision of any information concerning the user of a copyrighted work.
"(d) LAW ENFORCEMENT, INTELLIGENCE, AND OTHER GOVERN-
MENT ACTIVITIES.— This section does not prohibit any lawfully
authorized investigative, protective, information security, or intelligence activity of an ofRcer, 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
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