Page:United States Statutes at Large Volume 112 Part 5.djvu/116

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112 STAT. 2874 PUBLIC LAW 105-304—OCT. 28, 1998 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 or 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 Isroadcast 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).

    • § 1203. Civil remedies

"(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—