CMI is not mandated, but if included cannot falsify, remove or alter. The definition of CMI may by expanded by Copyright Office regulation. Civil remedies include temporary and permanent injunctions, and impoundment and destruction of offending devices or products. Actual and statutory damages are available, with treble damages for repeat offenders. Innocent infringement for nonprofit libraries, archives and educational institutions that are not aware and have no reason to believe that an act is a violation.
Exemption is similar to privilege that broadcasters have with analog broadcasts.
Permits transmitting organizations to make ephemeral recordings, even though their activities would otherwise violate anticircumvention provisions. In consultation with copyright owners, and nonprofit educational institutions, libraries and archives, the Copyright Office is required within six months of enactment of this bill to report to Congress on how to promote distance education through digital technologies, maintaining a balance between copyright owners and users. Digital copies may not be distributed to public outside of premises of library or archive. Copies may also be made to update obsolete formats, to ensure that copies of works remain available for patrons. Format is obsolete if machine or device is no longer manufactured or reasonably available commercially.