US Codex
U.S.C.
Notes

§1202. Integrity of copyright management information — Inbound Citations

17 U.S.C. § 1202

Cited by 6 provisions in release 119-102.

Citations to 17 U.S.C. § 1202 as a whole

  • (a) 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.
  • (1) Except as otherwise provided in this title, a person committing a violation of section 1201 or 1202 is liable for either—
    (A) the actual damages and any additional profits of the violator, as provided in paragraph (2), or
    (B) statutory damages, as provided in paragraph (3).
  • (B) At any time before final judgment is entered, a complaining party may elect to recover an award of statutory damages for each violation of section 1202 in the sum of not less than $2,500 or more than $25,000.
  • (4) In any case in which the injured party sustains the burden of proving, and the court finds, that a person has violated section 1201 or 1202 within 3 years after a final judgment was entered against the person for another such violation, the court may increase the award of damages up to triple the amount that would otherwise be awarded, as the court considers just.
  • (a) Any person who violates section 1201 or 1202 willfully and for purposes of commercial advantage or private financial gain—
    (1) shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and
    (2) shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense.
  • (1) The term “covered activity” means any activity that the copyright owner of a sound recording would have the exclusive right to do or authorize under section 106 or 602, or that would violate section 1201 or 1202, if the sound recording were fixed on or after February 15, 1972.