Title 17CopyrightsRelease 119-73not60

§1002 Incorporation of Copying Controls

Title 17 › Chapter 10— DIGITAL AUDIO RECORDING DEVICES AND MEDIA › Subchapter B— COPYING CONTROLS › § 1002

Last updated Apr 5, 2026|Official source

Summary

Companies that import, make, or sell digital audio recorders or audio interface devices must use a copy-control system: either the Serial Copy Management System (SCMS), a system that works the same and correctly sends and reads copyright and generation information, or another system the Secretary of Commerce certifies. The Secretary must set up a way to check such systems when someone asks. No one may sell devices or services mainly meant to get around these controls. People who encode digital music must not put false category, copyright, or generation information. Makers or importers are not required to add copyright-status data, and if anyone does send that data it must be accurate.

Full Legal Text

Title 17, §1002

Copyrights — Source: USLM XML via OLRC

(a)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)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)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)(1)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)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)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.

Reference

Citations & Metadata

Citation

17 U.S.C. § 1002

Title 17Copyrights

Last Updated

Apr 5, 2026

Release point: 119-73not60