17 U.S.C. § 1002

Incorporation of copying controls

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(a)Prohibition on Importation, Manufacture, and Distribution.—No person shall import, manufacture, or distribute any digital audio recording device or digital audio interface device that does not conform to—(1) the Serial Copy Management System;(2) a system that has the same functional characteristics as the Serial Copy Management System and requires that copyright and generation status information be accurately sent, received, and acted upon between devices using the system’s method of serial copying regulation and devices using the Serial Copy Management System; or(3) any other system certified by the Secretary of Commerce as prohibiting unauthorized serial copying.(b)Development of Verification Procedure.—The Secretary of Commerce shall establish a procedure to verify, upon the petition of an interested party, that a system meets the standards set forth in subsection (a)(2).(c)Prohibition on Circumvention of the System.—No person shall import, manufacture, or distribute any device, or offer or perform any service, the primary purpose or effect of which is to avoid, bypass, remove, deactivate, or otherwise circumvent any program or circuit which implements, in whole or in part, a system described in subsection (a).(d)Encoding of Information on Digital Musical Recordings.—(1)Prohibition on encoding inaccurate information.—No person shall encode a digital musical recording of a sound recording with inaccurate information relating to the category code, copyright status, or generation status of the source material for the recording.(2)Encoding of copyright status not required.—Nothing in this chapter requires any person engaged in the importation or manufacture of digital musical recordings to encode any such digital musical recording with respect to its copyright status.(e)Information Accompanying Transmissions in Digital Format.—Any person who transmits or otherwise communicates to the public any sound recording in digital format is not required under this chapter to transmit or otherwise communicate the information relating to the copyright status of the sound recording. Any such person who does transmit or otherwise communicate such copyright status information shall transmit or communicate such information accurately.(Added Pub. L. 102–563, § 2, Oct. 28, 1992, 106 Stat. 4240.)

Notes of Decisions

Cited in 6 cases, 1999–2020 · leading case: The Wilderness Soc'y Alaska Ctr. for the Env't v. United States Fish & Wildlife Serv., 353 F.3d 1051 (9th Cir. 2003).

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The Wilderness Soc'y Alaska Ctr. for the Env't v. United States Fish & Wildlife Serv., 353 F.3d 1051 (9th Cir. 2003). “For all these reasons, we conclude that as a general rule both the purpose and the effect of challenged activities must be carefully assessed in deciding whether a project is a “commercial enterprise” within the wilderness that is prohibited by the Wilderness Act. Thus we will…”

Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001). “, Brief of Amici Curiae Benkler and Lessig at 15. However, the Defendants did not present evidence of the current feasibility of a similar solution to prevent serial copying of DVDs over the Internet.”

Recording Indus. Ass'n of Am. v. Diamond Multimedia Sys. Inc., 180 F.3d 1072 (9th Cir. 1999). · cites it 2× “” 17 U.S.C. § 1002 (a)(1), (2) (emphasis added).”

All. of Artists & Recording Companies v. Gen. Motors Co., 162 F. Supp. 3d 8 (D.D.C. 2016). “First, it requires that DARDs be manufactured to “conform to the Serial Copy Management System [or] a system that has the same functional characteristics^]” 17 U.S.C. § 1002 (a)(l)-(2); that is, DARDs must contain technology that “allows the making of *11 unlimited copies from…”

In Re the United States of Am. for an Order Authorizing the Release of Prospective Cell Site Info., 407 F. Supp. 2d 134 (D.D.C. 2006). “cept that, with regard to information acquired solely pursuant to the authority for pen registers and trap and trace devices (as defined in section 3127 of Title 18), such call-identifying information 7 shall not include any information that may disclose the physical location of…”

All. of Artists & Recording Companies, Inc. v. Denso Int'l Am., 947 F.3d 849 (D.C. Cir. 2020). “17 U.S.C. § 1002 (a). Similarly, the Act prohibits anyone from encoding digital musical recordings with incorrect copyright or copy-generation information or from otherwise circumventing a device’s copy- control system.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.