U.S.A. Copyright Law - Library of Congress. Copyright Office (best sales books of all time txt) 📗
- Author: Library of Congress. Copyright Office
- Performer: -
Book online «U.S.A. Copyright Law - Library of Congress. Copyright Office (best sales books of all time txt) 📗». Author Library of Congress. Copyright Office
subparagraph applies only if the service provider promptly attempts to
contact the person making the notification or takes other reasonable
steps to assist in the receipt of notification that substantially
complies with all the provisions of subparagraph (A).
(d) Information Location Tools. 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 referring or linking users to an online location
containing infringing material or infringing activity, by using
information location tools, including a directory, index, reference,
pointer, or hypertext link, if the service provider-
(1)(A) does not have actual knowledge that the material or activity is
infringing;
(B) in the absence of such actual knowledge, is not aware of facts or
circumstances from which infringing activity is apparent; or
(C) upon obtaining such knowledge or awareness, acts expeditiously to
remove, or disable access to, the material;
(2) 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
(3) upon notification of claimed infringement as described in subsection
(c)(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, except that, for purposes of this paragraph, the
information described in subsection (c)(3)(A)(iii) shall be
identification of the reference or link, to material or activity claimed
to be infringing, that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit the service
provider to locate that reference or link.
(e) Limitation on Liability of Nonprofit Educational Institutions. (1)
When a public or other nonprofit institution of higher education is a
service provider, and when a faculty member or graduate student who is
an employee of such institution is performing a teaching or research
function, for the purposes of subsections (a) and (b) such faculty
member or graduate student shall be considered to be a person other than
the institution, and for the purposes of subsections (c) and (d) such
faculty member's or graduate student's knowledge or awareness of his or
her infringing activities shall not be attributed to the institution,
if-
(A) such faculty member's or graduate student's infringing activities do
not involve the provision of online access to instructional materials
that are or were required or recommended, within the preceding 3-year
period, for a course taught at the institution by such faculty member or
graduate student;
(B) the institution has not, within the preceding 3-year period,
received more than 2 notifications described in subsection (c)(3) of
claimed infringement by such faculty member or graduate student, and
such notifications of claimed infringement were not actionable under
subsection (f); and
(C) the institution provides to all users of its system or network
informational materials that accurately describe, and promote compliance
with, the laws of the United States relating to copyright.
(2) For the purposes of this subsection, the limitations on injunctive
relief contained in subsections (j)(2) and (j)(3), but not those in (j)
(1), shall apply.
(f) Misrepresentations. Any person who knowingly materially
misrepresents under this section-
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or
misidentification,
shall be liable for any damages, including costs and attorneys' fees,
incurred by the alleged infringer, by any copyright owner or copyright
owner's authorized licensee, or by a service provider, who is injured by
such misrepresentation, as the result of the service provider relying
upon such misrepresentation in removing or disabling access to the
material or activity claimed to be infringing, or in replacing the
removed material or ceasing to disable access to it.
(g) Replacement of Removed or Disabled Material and Limitation on Other
Liability.
(1) No Liability for Taking Down Generally. Subject to paragraph (2), a
service provider shall not be liable to any person for any claim based
on the service provider's good faith disabling of access to, or removal
of, material or activity claimed to be infringing or based on facts or
circumstances from which infringing activity is apparent, regardless of
whether the material or activity is ultimately determined to be
infringing.
(2) Exception. Paragraph (1) shall not apply with respect to material
residing at the direction of a subscriber of the service provider on a
system or network controlled or operated by or for the service provider
that is removed, or to which access is disabled by the service provider,
pursuant to a notice provided under subsection (c)(1)(C), unless the
service provider-
(A) takes reasonable steps promptly to notify the subscriber that it has
removed or disabled access to the material;
(B) upon receipt of a counter notification described in paragraph (3),
promptly provides the person who provided the notification under
subsection (c)(1)(C) with a copy of the counter notification, and
informs that person that it will re-place the removed material or cease
disabling access to it in 10 business days; and
(C) replaces the removed material and ceases disabling access to it not
less than 10, nor more than 14, business days following receipt of the
counter notice, unless its designated agent first receives notice from
the person who submitted the notification under subsection (c)(1)(C)
that such person has filed an action seeking a court order to restrain
the subscriber from engaging in infringing activity relating to the
material on the service provider's system or network.
(3) Contents of Counter Notification. To be effective under this
subsection, a counter notification must be a written communication
provided to the service provider's designated agent that includes
substantially the following:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which
access has been disabled and the location at which the material appeared
before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled.
(D) The subscriber's name, address, and telephone number, and a
statement that the subscriber consents to the jurisdiction of Federal
District Court for the judicial district in which the address is
located, or if the subscriber's address is outside of the United States,
for any judicial district in which the service provider may be found,
and that the subscriber will accept service of process from the person
who provided notification under subsection (c)(1)(C) or an agent of such
person.
(4) Limitation on Other Liability. A service provider's compliance with
paragraph (2) shall not subject the service provider to liability for
copyright infringement with respect to the material identified in the
notice provided under subsection (c)(1)(C).
(h) Subpoena to Identify Infringer.
(1) Request. A copyright owner or a person authorized to act on the
owner's behalf may request the clerk of any United States district court
to issue a subpoena to a service provider for identification of an
alleged infringer in accordance with this subsection.
(2) Contents of Request. The request may be made by filing with the
clerk-
(A) a copy of a notification described in subsection (c)(3)(A);
(B) a proposed subpoena; and
(C) a sworn declaration to the effect that the purpose for which the
subpoena is sought is to obtain the identity of an alleged infringer and
that such information will only be used for the purpose of protecting
rights under this title.
(3) Contents of Subpoena. The subpoena shall authorize and order the
service provider receiving the notification and the subpoena to
expeditiously disclose to the copyright owner or person authorized by
the copyright owner information sufficient to identify the alleged
infringer of the material described in the notification to the extent
such information is available to the service provider.
(4) Basis for Granting Subpoena. If the notification filed satisfies the
provisions of subsection (c)(3)(A), the proposed subpoena is in proper
form, and the accompanying declaration is properly executed, the clerk
shall expeditiously issue and sign the proposed subpoena and return it
to the requester for delivery to the service provider.
(5) Actions of Service Provider Receiving Subpoena. Upon receipt of the
issued subpoena, either accompanying or subsequent to the receipt of a
notification described in subsection (c)(3)(A), the service provider
shall expeditiously disclose to the copyright owner or person authorized
by the copyright owner the information required by the subpoena,
notwithstanding any other provision of law and regardless of whether the
service provider responds to the notification.
(6) Rules Applicable to Subpoena. Unless otherwise provided by this
section or by applicable rules of the court, the procedure for issuance
and delivery of the subpoena, and the remedies for noncompliance with
the subpoena, shall be governed to the greatest extent practicable by
those provisions of the Federal Rules of Civil Procedure governing the
issuance, service, and enforcement of a subpoena duces tecum.
(i) Conditions for Eligibility.
(1) Accommodation of Technology. The limitations on liability
established by this section shall apply to a service provider only if
the service provider-
(A) has adopted and reasonably implemented, and informs subscribers and
account holders of the service provider's system or network of, a policy
that provides for the termination in appropriate circumstances of
subscribers and account holders of the service provider's system or
network who are repeat infringers; and
(B) accommodates and does not interfere with standard technical
measures.
(2) Definition. As used in this subsection, the term "standard technical
measures" means technical measures that are used by copyright owners to
identify or protect copyrighted works and-
(A) have been developed pursuant to a broad consensus of copyright
owners and service providers in an open, fair, voluntary, multi-industry
standards process;
(B) are available to any person on reasonable and nondiscriminatory
terms; and
(C) do not impose substantial costs on service providers or substantial
burdens on their systems or networks.
(j) Injunctions. The following rules shall apply in the case of any
application for an injunction under section 502 against a service
provider that is not subject to monetary remedies under this section:
(1) Scope of Relief. (A) With respect to conduct other than that which
qualifies for the limitation on remedies set forth in subsection (a),
the court may grant injunctive relief with respect to a service provider
only in one or more of the following forms:
(i) An order restraining the service provider from providing access to
infringing material or activity residing at a particular online site on
the provider's system or network.
(ii) An order restraining the service provider from providing access to
a subscriber or account holder of the service provider's system or
network who is engaging in infringing activity and is identified in the
order, by terminating the accounts of the subscriber or account holder
that are specified in the order.
(iii) Such other injunctive relief as the court may consider necessary
to prevent or restrain infringement of copyrighted material specified in
the order of the court at a particular online location, if such relief
is the least burdensome to the service provider among the forms of
relief comparably effective for that purpose.
(B) If the service provider qualifies for the limitation on remedies
described in subsection (a), the court may only grant injunctive relief
in one or both of the following forms:
(i) An order restraining the service provider from providing access to a
subscriber or account holder of the service provider's system or network
who is using the provider's service to engage in infringing activity and
is identified in the order, by terminating the accounts of the
subscriber or account holder that are specified in the order.
(ii) An order restraining the
Comments (0)