Is a watermark copyright management information?

It can be if it carries information of the kinds listed in 17 U.S.C. 1202(c). The statute does not mention watermarks, so whether a given mark qualifies is a legal question.

What are the damages for violating section 1202?

As of October 2026, 17 U.S.C. 1203(c)(3)(B) lets a complaining party elect statutory damages of $2,500 to $25,000 for each violation, instead of actual damages and profits.

Does the personal information of a viewer count as CMI?

No. The definition in 1202(c) does not include personally identifying information about a user of a work.

What is copyright management information (CMI)?

In the US, copyright management information is information conveyed with copies or displays of a work, including in digital form, that 17 U.S.C. 1202(c) lists: such as the title, the author's and owner's names, a copyright notice, and terms of use. Section 1202 bans giving false CMI, and altering or taking it off, each with intent or knowledge.

Published October 30, 2026. Drafted with AI assistance and checked against the sources linked on this page. How we write our guides.

Copyright management information definition: 17 U.S.C. 1202(c)

This guide covers US law only. Section 1202 of Title 17 was added in 1998 by Pub. L. 105-304. Subsection (c) defines the term "as used in this section". It means any of a list of information "conveyed in connection with copies or phonorecords of a work or performances or displays of a work, including in digital form". The definition does not include "any personally identifying information about a user of a work".

The text is on 17 U.S.C. 1202. The definition is a list, and for a photo the relevant items are:

Items in the 1202(c) list that can matter for a photo
Item	What the statute says
1202(c)(1)	The title and other information identifying the work, including the information set forth on a notice of copyright.
1202(c)(2)	The name of, and other identifying information about, the author of a work.
1202(c)(3)	The name of, and other identifying information about, the copyright owner of the work, including the information set forth in a notice of copyright.
1202(c)(6)	Terms and conditions for use of the work.
1202(c)(7)	Identifying numbers or symbols referring to such information or links to such information.

Items (4) and (5) cover performers, and the writers, performers and directors credited in an audiovisual work (each except for public performances by radio and television broadcast stations), and item (8) covers other information the Register of Copyrights may prescribe by regulation, but not information about the user of a work.

What can count as copyright management information in a photo

The statute does not use the words "metadata", "watermark", "photo", "EXIF" or "IPTC". It speaks of information of the listed kinds. In our reading, a name, a copyright notice, usage terms or a link of those kinds can be CMI when it is conveyed with the photo, whether as visible text on the picture, as a caption on a page, or as a field in the file. Whether a particular mark or metadata field is CMI is a legal question the statute does not answer.

The copyright metadata tool writes fields such as Creator, Copyright notice, Web statement of rights and Licensor URL into a photo's file. Free, no limit. Your pixels are not touched; only the metadata changes. The fields are explained in how to add copyright to photo metadata and EXIF, IPTC and XMP. For what a visible mark does and does not do, see does a watermark protect your photos.

What 1202(a) and (b) prohibit

False CMI, section 1202(a). The statute says No person shall knowingly and with the intent to induce, enable, facilitate, or conceal infringement then lists two acts: to "provide copyright management information that is false", or to distribute or import for distribution CMI that is false.

Altering or taking off CMI, section 1202(b). The opening words are No person shall, without the authority of the copyright owner or the law and the first act is to intentionally remove or alter any copyright management information. Paragraphs (2) and (3) reach distributing or importing for distribution CMI, or distributing, importing for distribution or publicly performing works or copies, knowing that the copyright management information has been removed or altered without authority of the copyright owner or the law.

Every 1202(b) act also needs a second mental element: the person must know, or with respect to civil remedies under section 1203 have reasonable grounds to know, that the act will induce, enable, facilitate, or conceal an infringement of any right under this title. Section 1202 therefore does not say that cropping or editing a picture is always unlawful. It names specific acts, done without authority and with the stated knowledge or intent.

Subsections 1202(d) and (e) set out exceptions, including for lawfully authorized investigative, protective, information security or intelligence activity by an officer, agent or employee of the United States, a State or a political subdivision of a State, or a person acting under contract with one, and limits on liability under 1202(b) for certain broadcast stations, cable systems and those who provide them programming.

Penalties for violating section 1202: damages under 1203

Under 17 U.S.C. 1203(a), any person injured by a violation of section 1201 or 1202 may bring a civil action in an appropriate United States district court. As of October 2026, 1203(c)(3)(B) lets a complaining party elect, at any time before final judgment, statutory damages "for each violation of section 1202 in the sum of not less than $2,500 or more than $25,000". The alternative is actual damages and any additional profits of the violator. The words are "for each violation": the statute does not count by photo or by image.

The court may increase the award up to triple for a repeat violation within 3 years after a final judgment against the person for another such violation (1203(c)(4)), and may reduce or remit damages if the violator proves it was not aware and had no reason to believe its acts were a violation (1203(c)(5)(A)). Section 1203 also allows injunctions and, in the court's discretion, reasonable attorney's fees to the prevailing party. The text of 1203 does not mention registration.

These damages are different from the infringement damages in 17 U.S.C. 504(c), which have their own range and are limited by section 412. See how to register your photos.

This is general information, not legal advice.

Sources

Checked October 30, 2026.

Questions

What is copyright management information?: In the US, it is the information listed in 17 U.S.C. 1202(c), such as the title, author, owner, a copyright notice and terms of use, when conveyed with copies or displays of a work, including in digital form.
Is a watermark copyright management information?: It can be if it carries information of the kinds listed in 17 U.S.C. 1202(c). The statute does not mention watermarks, so whether a given mark qualifies is a legal question.
Does section 1202 make it illegal to crop or edit a photo?: Section 1202 does not say that cropping or editing is always unlawful. Its prohibitions require acts done without authority and with the stated knowledge or intent about infringement; other parts of US copyright law are a separate question.
What are the damages for violating section 1202?: As of October 2026, 17 U.S.C. 1203(c)(3)(B) lets a complaining party elect statutory damages of $2,500 to $25,000 for each violation, instead of actual damages and profits.
Does the personal information of a viewer count as CMI?: No. The definition in 1202(c) does not include personally identifying information about a user of a work.