1. Each law enforcement agency shall adopt written policies and procedures governing the performance by peace officers employed by the law enforcement agency of copyrighted works while on duty. Such policies and procedures must:
(a) Except as otherwise provided in paragraph (b), prohibit a peace officer from performing, or causing the performance of, a copyrighted work for the purpose of preventing or interfering with the dissemination or sharing of a recording of the peace officer performing his or her official duties, including, without limitation, the dissemination or sharing of a recording through an Internet website; and
(b) Authorize a peace officer to perform, or cause the performance of, a copyrighted work:
(1) While engaged in an undercover investigation;
(2) When the peace officer is not publicly performing official duties; or
(3) As necessary to ensure the safety of the peace officer at the time the copyrighted work is performed.
2. No retaliatory or punitive action may be taken against a peace officer who discloses information concerning the performance of a copyrighted work in violation of the policies and procedures of a law enforcement agency adopted pursuant to subsection 1.
3. As used in this section:
(a) “Copyrighted work” means any work protected under Title 17 of the United States Code.
(b) “Perform” has the meaning ascribed to it in 17 U.S.C. § 101.