lease, or lending’’ and inserting ‘‘by rental, lease, or lend-
ing, or by transmission’’.
(b) DEFINITIONS.—Section 101 of title 17, United
States Code, is amended—
(1) in the definition of ‘‘publication’’, by strik-
ing ‘‘or by rental, lease, or lending’’ in the first sen-
tence and inserting ‘‘by rental, lease, or lending, or
by transmission’’; and
(2) in the definition of ‘‘transmit’’, by inserting
at the end thereof the following: ‘‘To ‘transmit’ a re-
production is to distribute it by any device or proc-
ess whereby a copy of phonorecord of the work is
fixed beyond the place from which it was sent.’’.
(c) IMPORTATION.—Section 602 of title 17, United
States Code, is amended by inserting ‘‘whether by carriage
of tangible goods or by transmission,’’ after ‘‘Importation
into the United States,’’.
SEC. 3. EXEMPTIONS FOR LIBRARIES AND THE VISUALLY
IMPAIRED.
(a) LIBRARIES.—Section 108 of title 17, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘one copy or phonorecord’’
and inserting ‘‘three copies or phonorecords’’;
(B) by striking ‘‘such copy or phono-
record’’ and inserting ‘‘no more than one of
such copies or phonorecords’’;
(C) by inserting before the period at the
end of paragraph (3) the following: ‘‘if such no-
tice appears on the copy or phonorecord that is
reproduced under the provisions of this sec-
tion’’;
(2) in subsection (b)—
(A) by inserting ‘‘or digital’’ after ‘‘fac-
simile’’; and
(B) by inserting ‘‘in facsimile form’’ before
‘‘for deposit for research use’’; and
(3) in subsection (c) by inserting ‘‘or digital’’
after ‘‘facsimile’’.
(b) VISUALLY IMPAIRED.—Title 17, United States
Code, is amended by inserting after section 108 the follow-
ing new section:
‘‘§ 108A. Limitations on exclusive rights: Reproduc-
tion for the visually impaired
‘‘Notwithstanding the provisions of section 106, it is
not an infringement of copyright for a nonprofit organiza-
tion to reproduce and distribute to the visually impaired,
at cost, a Braille, large type, audio, or other edition of
a previously published literary work in a form intended
to be perceived by the visually impaired, provided that,
during a period of at least one year after the first publica-
tion of a standard edition of such work in the United
States, the owner of the exclusive right to distribute such
work in the United States has not entered the market for
editions intended to be perceived by the visually im-
paired.’’.
SEC. 4. COPYRIGHT PROTECTION SYSTEMS AND COPY-
RIGHT MANAGEMENT INFORMATION.
Title 17, United States Code, is amended by adding
at the end the following new chapter:
‘‘CHAPTER 12—COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS
‘‘Sec. 1201. Circumvention of copyright protection systems.
‘‘Sec. 1202. Integrity of copyright management information.
‘‘Sec. 1203. Civil remedies.
‘‘Sec. 1204. Criminal offenses and penalties.
‘‘§ 1201. Circumvention of copyright protection sys-
tems
‘‘No person shall import, manufacture, or distribute
any device, product, or component incorporated into a de-
vice or product, or offer or perform any service, the pri-
mary purpose or effect of which is to avoid, bypass, re-
move, deactivate, or otherwise circumvent, without the au-
thority of the copyright owner or the law, any process,
treatment, mechanism, or system which prevents or inhib-
its the violation of any of the exclusive rights of the copy-
right owner under section 106.
‘‘§ 1202. Integrity of copyright management informa-
tion
‘‘(a) FALSE COPYRIGHT MANAGEMENT INFORMA-
TION.—No person shall knowingly provide copyright man-
agement information that is false, or knowingly publicly
distribute or import for public distribution copyright man-
agement information that is false.
‘‘(b) REMOVAL
OR ALTERATION
OF COPYRIGHT
MANAGEMENT INFORMATION.—No person shall, without
authority of the copyright owner or the law, (i) knowingly
remove or alter any copyright management information,
(ii) knowingly distribute or import for distribution copy-
right management information that has been altered with-
out authority of the copyright owner or the law, or (iii)
knowingly distribute or import for distribution copies or
phonorecords from which copyright management informa-
tion has been removed without authority of the copyright
owner or the law.
‘‘(c) DEFINITION.—As used in this chapter, ‘copy-
right management information’ means the name and other
identifying information of the author of a work, the name
and other identifying information of the copyright owner,
terms and conditions for uses of the work, and such other
information as the Register of Copyrights may prescribe
by regulation.
‘‘§ 1203. Civil rights
‘‘(a) CIVIL ACTIONS.—Any person injured by a viola-
tion of section 1201 or 1202 may bring a civil action in
an appropriate United States district court for such viola-
tion.
‘‘(b) POWERS OF THE COURT.—In an action brought
under subsection (a), the court—
‘‘(1) may grant temporary and permanent in-
junctions on such terms as it deems reasonable to
prevent or restrain a violation;
‘‘(2) at any time while an action is pending,
may order the impounding, on such terms as it
deems reasonable, of any device or product that is
in the custody or control of the alleged violator and
that the court has reasonable cause to believe was
involved in a violation;
‘‘(3) may award damages under subsection (c);
‘‘(4) in its discretion may allow the recovery of
costs by or against any party other than the United
States or an officer thereof;
‘‘(5) in its discretion may award reasonable at-
torney’s fees to the prevailing party; and
‘‘(6) may, as part of a final judgment or decree
finding a violation, order the remedial modification
or the destruction of any device or product involved
in the violation that is in the custody or control of
the violator or has been impounded under paragraph
(2).
‘‘(c) AWARD OF DAMAGES.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this chapter, a violator is liable for either
(i) the actual damages and any additional profits of
the violator, as provided in paragraph (2), or (ii)
statutory damages, as provided in paragraph (3).
‘‘(2) ACTUAL
DAMAGES.—The court shall
award to the complaining party the actual damages
suffered by him or her as a result of the violation,
and any profits of the violator that are attributable
to the violation and are not taken into account in
computing the actual damages, if the complaining
party elects such damages at any time before final
judgment is entered.
‘‘(3) STATUTORY DAMAGES.—
‘‘(A) At any time before final judgment is
entered, a complaining party may elect to re-
cover an award of statutory damages for each
violation of section 1201 in the sum of not less
than $200 or more than $2,500 per device,
product, or offer or performance of service, as
the court considers just.
‘‘(B) At any time before final judgment is
entered, a complaining party may elect to re-
cover 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) REPEATED VIOLATIONS.—In any case in
which the injured party sustains the burden of prov-
ing, and the court finds, that a person has violated
section 1201 or 1202 within 3 years after a final
judgment was entered against that person for an-
other 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.
‘‘(5) INNOCENT VIOLATIONS.—The court in its
discretion may reduce or remit altogether the total
award of damages in any case in which the violator
sustains 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.
‘‘§ 1204. Criminal offenses and penalties
‘‘Any person who violates section 1202 with intent
to defraud shall be fined not more than $500,000 or im-
prisoned for not more than 5 years, or both.’’.
SEC. 5. CONFORMING AMENDMENTS.
(a) TABLE OF SECTIONS.—The table of sections for
chapter 1 of title 17, United States Code, is amended by
inserting after the item relating to section 108 the follow-
ing:
‘‘108A. Limitations on exclusive rights: Reproduction for the visually impaired.’’.
(b) TABLE OF CHAPTERS.—The table of chapters for
title 17, United States Code, is amended by adding at the
end the following:
‘‘12. COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS 1201’’.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act,
shall take effect on the date of the enactment of this Act.
Æ