lation, the court may increase the award of damages 
up to triple the amount that would otherwise be 
awarded, as the court considers just. 
(5) INNOCENT VIOLATIONS.— 
(A) IN GENERAL.—The court in its discre-
tion may reduce or remit the total award of 
damages in any case in which the violator sus-
tains the burden of proving, and the court 
finds, that the violator was not aware and had 
no reason to believe that its acts constituted a 
violation. 
(B) NONPROFIT LIBRARY, ARCHIVES, EDU-
CATIONAL
INSTITUTIONS, OR
PUBLIC
BROAD-
CASTING ENTITIES.— 
(i) IN
GENERAL.—In the case of a 
nonprofit library, archives, educational in-
stitution, or public broadcasting entity, the 
court shall remit damages in any case in 
which the library, archives, educational in-
stitution, or public broadcasting entity sus-
tains the burden of proving, and the court 
finds, that the library, archives, edu-
cational institution, or public broadcasting 
entity was not aware and had no reason to 
believe that its acts constituted a violation.
(ii) DEFINITION.—In this subpara-
graph, the term ‘‘public broadcasting enti-
ty’’ has the meaning given that term in 
section 118(g) of title 17, United States 
Code. 
SEC. 107. CRIMINAL OFFENSES AND PENALTIES. 
(a) IN GENERAL.—Any person who violates section 
101 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. 
(b) LIMITATION
FOR NONPROFIT LIBRARY, AR-
CHIVES, EDUCATIONAL INSTITUTION, OR PUBLIC BROAD-
CASTING ENTITY.—Subsection (a) shall not apply to a 
nonprofit library, archives, educational institution, or pub-
lic broadcasting entity (as defined in section 118(g) of title 
17, United States Code). 
(c) STATUTE
OF LIMITATIONS.—A criminal pro-
ceeding under this section shall be barred unless such pro-
ceeding is commenced within 5 years after the cause of 
action arises.
SEC. 108. DEFINITIONS. 
In this title: 
(1) ANALOG VIDEO INPUT DEVICE.—The term 
‘‘analog video input device’’ means a hardware de-
vice, other than a professional device, and any asso-
ciated firmware or software, that is designed— 
(A) to receive an analog video signal in a 
covered format or to read an analog signal in 
a covered format from a prerecorded medium; 
and 
(B) to record or digitize such signal, or to 
alter such signal in a way that affects the state 
or passage of the rights signaling system if 
present in such signal. 
(2) COMMERCIAL
ADVERTISING
MESSAGES.— 
The term ‘‘commercial advertising messages’’ means, 
with respect to any service, program, or schedule or 
group of programs, commercial advertising messages 
other than— 
(A) advertising relating to the service itself 
or the programming contained therein; or 
(B) advertising which is displayed concur-
rently with the display of any part of any such 
program, including station identification logos, 
frames, and banners.
(3) COMPARABLE.—The term ‘‘comparable’’ 
means, when used in connection with a defined busi-
ness model and an undefined business model, that 
the undefined business model approximates the de-
fined business model more closely than it approxi-
mates any other defined business model. 
(4) COMPLIANCE RULES.—The term ‘‘compli-
ance rules’’ means the rules provided for in section 
201. 
(5) CONDITIONAL
ACCESS
DELIVERY.—The 
term ‘‘conditional access delivery’’— 
(A) means any delivery, whether analog or 
digital, of a service, program, or schedule or 
group of programs by means of any technology 
that controls access to the delivery; and 
(B) does not include a transmission or re-
transmission of an over-the-air television broad-
cast. 
(6) COVERED
FORMAT.—The term ‘‘covered 
format’’ means any analog video format for which 
the rights signaling system is specified, if such speci-
fication is certified by the Director of the Patent 
and Trademark Office under section 202. 
(7) DEFINED
BUSINESS
MODEL.—The term 
‘‘defined business model’’ means prerecorded media,