5
Each of the exceptions has its own set of conditions on its applicability, which
are beyond the scope of this summary.
Integrity of Copyright Management Information
Article 12 of the WCT provides in relevant part:
Contracting Parties shall provide adequate and effective
legal remedies against any person knowingly performing
any of the following acts knowing, or with respect to
civil remedies having reasonable grounds to know, that
it will induce, enable, facilitate or conceal an infringement
of any right covered by this Treaty or the Berne
Convention:
(i) to remove or alter any electronic rights
management information without authority;
(ii) to distribute, import for distribution, broadcast
or communicate to the public, without authority,
works or copies of works knowing that electronic rights
management information has been removed or altered
without authority.
Article 19 of the WPPT contains nearly identical language.
New section 1202 is the provision implementing this obligation to protect the
integrity of copyright management information (CMI). The scope of the protection
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 7
is set out in two separate paragraphs, the first dealing with false CMI and the second
with removal or alteration of CMI. Subsection (a) prohibits the knowing provision or
distribution of false CMI, if done with the intent to induce, enable, facilitate or conceal
infringement. Subsection (b) bars the intentional removal or alteration of CMI without
authority, as well as the dissemination of CMI or copies of works, knowing that the
CMI has been removed or altered without authority. Liability under subsection (b)
requires that the act be done with knowledge or, with respect to civil remedies, with
reasonable grounds to know that it will induce, enable, facilitate or conceal an
infringement.
Subsection (c) defines CMI as identifying information about the work, the
author, the copyright owner, and in certain cases, the performer, writer or director of
the work, as well as the terms and conditions for use of the work, and such other
information as the Register of Copyrights may prescribe by regulation. Information
concerning users of works is explicitly excluded.
Section 1202 is subject to a general exemption for law enforcement, intelligence
and other governmental activities. (Section 1202(d)). It also contains limitations on the
liability of broadcast stations and cable systems for removal or alteration of CMI in
certain circumstances where there is no intent to induce, enable, facilitate or conceal
an infringement. (Section 1202(e)).
Remedies
Any person injured by a violation of section 1201 or 1202 may bring a civil
action in Federal court. Section 1203 gives courts the power to grant a range of


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