Laws: Cases and Codes : U.S. Code : Title 17 : Section 1002


   
U.S. Code as of: 01/19/04
Section 1002. Incorporation of copying controls

      (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.



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