Page:United States Statutes at Large Volume 112 Part 5.djvu/115

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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