U.S.A. Copyright Law - Library of Congress. Copyright Office (best sales books of all time txt) 📗
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(a) In any action filed pursuant to section 111(c)(3), the following
remedies shall be available:
(1) Where an action is brought by a party identified in subsections (b)
or (c) of section 501, the remedies provided by sections 502 through
505, and the remedy provided by subsection (b) of this section; and
(2) When an action is brought by a party identified in subsection (d) of
section 501, the remedies provided by sections 502 and 505, together
with any actual damages suffered by such party as a result of the
infringement, and the remedy provided by subsection (b) of this section.
(b) In any action filed pursuant to section 111(c)(3), the court may
decree that, for a period not to exceed thirty days, the cable system
shall be deprived of the benefit of a statutory license for one or more
distant signals carried by such cable system.
Section 511. Liability of States, instrumentalities of States, and State
officials for infringement of copyright [8]
(a) In General. Any State, any instrumentality of a State, and any
officer or employee of a State or instrumentality of a State acting in
his or her official capacity, shall not be immune, under the Eleventh
Amendment of the Constitution of the United States or under any other
doctrine of sovereign immunity, from suit in Federal Court by any
person, including any governmental or nongovernmental entity, for a
violation of any of the exclusive rights of a copyright owner provided
by sections 106 through 121, for importing copies of phonorecords in
violation of section 602, or for any other violation under this title.
(b) Remedies. In a suit described in subsection (a) for a violation
described in that subsection, remedies (including remedies both at law
and in equity) are available for the violation to the same extent as
such remedies are available for such a violation in a suit against any
public or private entity other than a State, instrumentality of a State,
or officer or employee of a State acting in his or her official
capacity. Such remedies include impounding and disposition of infringing
articles under section 503, actual damages and profits and statutory
damages under section 504, costs and attorney's fees under section 505,
and the remedies provided in section 510.
Section 512. Limitations on liability relating to material online [9]
(a) Transitory Digital Network Communications. A service provider shall
not be liable for monetary relief, or, except as provided in subsection
(j), for injunctive or other equitable relief, for infringement of
copyright by reason of the provider's transmitting, routing, or
providing connections for, material through a system or network
controlled or operated by or for the service provider, or by reason of
the intermediate and transient storage of that material in the course of
such transmitting, routing, or providing connections, if-
(1) the transmission of the material was initiated by or at the
direction of a person other than the service provider;
(2) the transmission, routing, provision of connections, or storage is
carried out through an automatic technical process without selection of
the material by the service provider;
(3) the service provider does not select the recipients of the material
except as an automatic response to the request of another person;
(4) no copy of the material made by the service provider in the course
of such intermediate or transient storage is maintained on the system or
network in a manner ordinarily accessible to anyone other than
anticipated recipients, and no such copy is maintained on the system or
network in a manner ordinarily accessible to such anticipated recipients
for a longer period than is reasonably necessary for the transmission,
routing, or provision of connections; and
(5) the material is transmitted through the system or network without
modification of its content.
(b) System Caching.
(1) Limitation on Liability. A service provider shall not be liable for
monetary relief, or, except as provided in subsection (j), for
injunctive or other equitable relief, for infringement of copyright by
reason of the intermediate and temporary storage of material on a system
or network controlled or operated by or for the service provider in a
case in which-
(A) the material is made available online by a person other than the
service provider;
(B) the material is transmitted from the person described in
subparagraph (A) through the system or network to a person other than
the person described in subparagraph (A) at the direction of that other
person; and
(C) the storage is carried out through an automatic technical process
for the purpose of making the material available to users of the system
or network who, after the material is transmitted as described in
subparagraph (B), request access to the material from the person
described in subparagraph (A), if the conditions set forth in paragraph
(2) are met.
(2) Conditions. The conditions referred to in paragraph (1) are that-
(A) the material described in paragraph (1) is transmitted to the
subsequent users described in paragraph (1)(C) without modification to
its content from the manner in which the material was transmitted from
the person described in paragraph (1)(A);
(B) the service provider described in paragraph (1) complies with rules
concerning the refreshing, reloading, or other updating of the material
when specified by the person making the material available online in
accordance with a generally accepted industry standard data
communications protocol for the system or network through which that
person makes the material available, except that this subparagraph
applies only if those rules are not used by the person described in
paragraph (1)(A) to prevent or unreasonably impair the intermediate
storage to which this subsection applies;
(C) the service provider does not interfere with the ability of
technology associated with the material to return to the person
described in paragraph (1)(A) the information that would have been
available to that person if the material had been obtained by the
subsequent users described in paragraph (1)(C) directly from that
person, except that this subparagraph applies only if that technology-
(i) does not significantly interfere with the performance of the
provider's system or network or with the intermediate storage of the
material;
(ii) is consistent with generally accepted industry standard
communications protocols; and
(iii) does not extract information from the provider's system or network
other than the information that would have been available to the person
described in paragraph (1)(A) if the subsequent users had gained access
to the material directly from that person;
(D) if the person described in paragraph (1)(A) has in effect a
condition that a person must meet prior to having access to the
material, such as a condition based on payment of a fee or provision of
a password or other information, the service provider permits access to
the stored material in significant part only to users of its system or
network that have met those conditions and only in accordance with those
conditions; and
(E) if the person described in paragraph (1)(A) makes that material
available online without the authorization of the copyright owner of the
material, the service provider responds expeditiously to remove, or
disable access to, the material that is claimed to be infringing upon
notification of claimed infringement as described in subsection (c)(3),
except that this subparagraph applies only if-
(i) the material has previously been removed from the originating site
or access to it has been disabled, or a court has ordered that the
material be removed from the originating site or that access to the
material on the originating site be disabled; and
(ii) the party giving the notification includes in the notification a
statement confirming that the material has been removed from the
originating site or access to it has been disabled or that a court has
ordered that the material be removed from the originating site or that
access to the material on the originating site be disabled.
(c) Information Residing on Systems or Networks at Direction of Users.
(1) In General. A service provider shall not be liable for monetary
relief, or, except as provided in subsection (j), for injunctive or
other equitable relief, for infringement of copyright by reason of the
storage at the direction of a user of material that resides on a system
or network controlled or operated by or for the service provider, if the
service provider-
(A)(i) does not have actual knowledge that the material or an activity
using the material on the system or network is infringing;
(ii) in the absence of such actual knowledge, is not aware of facts or
circumstances from which infringing activity is apparent; or
(iii) upon obtaining such knowledge or awareness, acts expeditiously to
remove, or disable access to, the material;
(B) does not receive a financial benefit directly attributable to the
infringing activity, in a case in which the service provider has the
right and ability to control such activity; and
(C) upon notification of claimed infringement as described in paragraph
(3), responds expeditiously to remove, or disable access to, the
material that is claimed to be infringing or to be the subject of
infringing activity.
(2) Designated Agent. The limitations on liability established in this
subsection apply to a service provider only if the service provider has
designated an agent to receive notifications of claimed infringement
described in paragraph (3), by making available through its service,
including on its website in a location accessible to the public, and by
providing to the Copyright Office, substantially the following
information:
(A) the name, address, phone number, and electronic mail address of the
agent.
(B) other contact information which the Register of Copyrights may deem
appropriate.
The Register of Copyrights shall maintain a current directory of agents
available to the public for inspection, including through the Internet,
in both electronic and hard copy formats, and may require payment of a
fee by service providers to cover the costs of maintaining the
directory.
(3) Elements of Notification.
(A) To be effective under this subsection, a notification of claimed
infringement must be a written communication provided to the designated
agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at
that site.
(iii) Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted.
(v) A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
(B)(i) Subject to clause (ii), a notification from a copyright owner or
from a person authorized to act on behalf of the copyright owner that
fails to comply substantially with the provisions of subparagraph (A)
shall not be considered under paragraph (1)(A) in determining whether a
service provider has actual knowledge or is aware of facts or
circumstances from which infringing activity is apparent.
(ii) In a case in which the notification that is provided to the service
provider's designated agent fails to comply substantially with all the
provisions of subparagraph (A) but substantially complies with clauses
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