U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗

cable systems [7]

(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