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All creative material uploaded on
Universal-Copyrights.Com
are the properties of Lady-Elle StarQueen under her name brands "Lady-Elle,
StarQueen, and Lady-Elle StarQueen." The Name Brands are
respectively
used for Comic Strips, Cartoons, Artworks on Merchandises and
Film
Projects and her Name Brand "StarQueen" is mostly used
for her Musical or
Film Performances.
* Licenses may be available for lease/rent subject
to applicable Terms & Conditions;
The Copyrights are not available for sale.
All Creations are registered under the Universal Copyrights.Com
Terms to Perpetuity and Universally, in addition to being registered with
the U.S. Copyright Office and or other entities, and are not available for
eminent domain consideration at any time. All properties are created to
benefit the beneficiaries, and or trustee of the designated Trusts. Removing or
altering a notice of copyright appearing
on a copy of a copyrighted work is illegal and subject to fines, and any Infringement, and or unauthorized copies, duplication of proprietary
Copyrighted Contents is subject to automatic injunctions, impounding and
disposition of infringed properties, including damages, licensing fees and all
profits to be turned in to the Copyrights' Owner, plus costs, attorney's fees,
and or any applicable criminal sanctions to infringer.
Infringement and
Remedies Per US Copyright Laws:
Library of Congress Publication
501 Infringement of copyright . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .
502 Remedies for infringement: Injunctions . . . . . . . . . . . . . . .
. . . . . . . . . .
503 Remedies for infringement: Impounding and disposition of infringing
articles . . . . . . . . . . . . . . . . . . .
. . . . .. . . . .
504 Remedies for infringement: Damages and profits . . . . . . . . . . . . . . .
505 Remedies for infringement: Costs and attorney’s fees . . . . . . .
. . . . .
506 Criminal offenses . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .. . . . . . . . . .
507 Limitations on actions . . . . . . . . . . . . . . . . . . . . . . .
. . .. . . . . . . . . . . . . .
508 Notification of filing and determination of actions . . . . . . . .
. . . . . . . .
509 [Repealed]1 . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . .
510 Remedies for alteration of programming by cable systems . . . .
511 Liability of States, instrumentalities of States, and State
officials for
infringement of copyright . . . . .
512 Limitations on liability relating to material online . . . . . . . .
. . . . . . .
513 Determination of reasonable license fees for individual proprietors
. .
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Copyright Law of the United States
§501 · Infringement of copyright3
a) Anyone who violates any of the exclusive rights of the copyright
owner as provided by sections 106 through 122 or of the author as
provided in section106A(a), or who imports copies or phonorecords into
the United States in violation of section 602, is an infringer of the
copyright or right of the author, as the case may be. For purposes of
this chapter (other than section 506), any reference to copyright shall
be deemed to include the rights conferred by section 106A(a). As used in
this subsection, the term “anyone” includes 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. Any
State, and any such instrumentality, officer, or employee, shall be
subject to the provisions of this title in the same manner and to the
same extent as any nongovernmental entity.
(b) The legal or beneficial owner of an exclusive right under a
copyright is entitled, subject to the requirements of section 411, to
institute an action for any infringement of that particular right
committed while he or she is the owner of it. The court may require such
owner to serve written notice of the action with a copy of the complaint
upon any person shown, by the records of the Copyright Office or
otherwise, to have or claim an interest in the copyright, and shall
require that such notice be served upon any person whose interest is
likely to be affected by a decision in the case. The court may require
the joiner, and shall permit the intervention, of any person having or
claiming an interest in the copyright.
(c) For any secondary transmission by a cable system that embodies a
performance or a display of a work which is actionable as an act of
infringement under subsection (c) of section 111, a television broadcast
station holding a copyright or other license to transmit or perform the
same version of that work shall, for purposes of subsection (b) of this
section, be treated as a legal or beneficial owner if such secondary
transmission occurs within the local service area of that television
station.
(d) For any secondary transmission by a cable system that is actionable
as an act of infringement pursuant to section 111(c)(3), the following
shall also have standing to sue: (i) the primary transmitter whose
transmission has been altered by the cable system; and (ii) any
broadcast station within whose local service area the secondary
transmission occurs.
(e) With respect to any secondary transmission that is made by a
satellite carrier of a performance or display of a work embodied in a
primary transmission and is actionable as an act of infringement under
section 119(a)(5), a network station holding a copyright or other
license to transmit or perform the same version of that work shall, for
purposes of subsection (b) of this section, be treated as a legal or
beneficial owner if such secondary transmission occurs within the local
service area of that station.
§501 Copyright Infringement and Remedies
Copyright Law of the United States 149
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(f)(1) With respect to any secondary transmission that is made by a
satellite
carrier of a performance or display of a work embodied in a primary
transmission and is actionable as an act of infringement under section
122, a television broadcast station holding a copyright or other license
to transmit or perform the same version of that work shall, for purposes
of subsection (b) of this section, be treated as a legal or beneficial
owner if such secondary transmission occurs within the local market of
that station.
(2) A television broadcast station may file a civil action against any
satellite carrier that has refused to carry television broadcast
signals, as required under section 122(a)(2), to enforce that television
broadcast station’s rights under section 338(a) of the Communications
Act of 1934.
§502 · Remedies for infringement: Injunctions
(a) Any court having jurisdiction of a civil action arising under this
title may, subject to the provisions of section 1498 of title 28, grant
temporary and final injunctions on such terms as it may deem reasonable
to prevent or restrain infringement of a copyright.
(b) Any such injunction may be served anywhere in the United States on
the person enjoined; it shall be operative throughout the United States
and shall be enforceable, by proceedings in contempt or otherwise, by
any United States court having jurisdiction of that person. The clerk of
the court granting the injunction shall, when requested by any other
court in which enforcement of the injunction is sought, transmit
promptly to the other court a certified copy of all the papers in the
case on file in such clerk’s office.
§503 · Remedies for infringement:
Impounding and disposition of infringing articles4
(a)(1) At any time while an action under this title is pending, the
court may order the impounding, on such terms as it may deem
reasonable—
(A) of all copies or phonorecords claimed to have been made or used in
violation of the exclusive right of the copyright owner;
(B) of all plates, molds, matrices, masters, tapes, film negatives, or
other articles by means of which such copies of phonorecords may be
reproduced; and
(C) of records documenting the manufacture, sale, or receipt of things
involved in any such violation, provided that any records seized under
this subparagraph shall be taken into the custody of the court.
Copyright Infringement and Remedies §503150 Copyright Law of the United
States
(2) For impoundments of records ordered under paragraph (1)(C), the
court shall enter an appropriate protective order with respect to
discovery and use of any records or information that has been impounded.
The protective order shall provide for appropriate procedures to ensure
that confidential, private, proprietary, or privileged information
contained in such records is not improperly disclosed or used.
(3) The relevant provisions of paragraphs (2) through (11) of section
34(d) of the Trademark Act (15 U.S.C. 1116(d)(2) through (11)) shall
extend to any impoundment of records ordered under paragraph (1)(C) that
is based upon an ex parte application, notwithstanding the provisions of
rule 65 of the Federal Rules of Civil Procedure. Any references in
paragraphs (2) through (11) of section 34(d) of the Trademark Act to
section 32 of such Act shall be read as references to section 501 of
this title, and references to use of a counterfeit mark in connection with the sale, offering for sale, or distribution of
goods or services shall be read as references to infringement of a
copyright.
(b) As part of a final judgment or decree, the court may order the
destruction or other reasonable disposition of all copies or
phonorecords found to have been made or used in violation of the
copyright owner’s exclusive rights, and of all plates, molds,
matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be reproduced.
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§504 · Remedies for infringement: Damages and profits5
(a) In general.—Except as otherwise provided by this title, an
infringer of copyright is liable for either—
(1) the copyright owner’s actual damages and any additional profits of
the infringer, as provided by subsection (b); or
(2) statutory damages, as provided by subsection (c).
(b) Actual Damages and Profits.—The copyright owner is entitled to
recover the actual damages suffered by him or her as a result of the
infringement, and any profits of the infringer that are attributable to
the infringement and are not taken into account in computing the actual
damages. In establishing the infringer’s
profits, the copyright owner is required to present proof only of the
infringer’s gross revenue, and the infringer is required to prove his
or her deductible expenses and the elements of profit attributable to
factors other than the copyrighted work.
(c) Statutory Damages.—
(1) Except as provided by clause (2) of this subsection, the copyright
owner may elect, at any time before final judgment is rendered, to
recover, instead of actual damages and profits, an award of statutory
damages for all infringements involved in the action, with respect to
any one work, for which any one infringer is liable individually, or for
which any two or more infringers are liable.
§503 Copyright Infringement and Remedies Copyright Law of the
United States 151able jointly and severally, in a sum of not less than
$750 or more than $30,000 as the court considers just. For the purposes
of this subsection, all the parts of a compilation or derivative work
constitute one work.
(2) In a case where the copyright owner sustains the burden of proving,
and the court finds, that infringement was committed willfully, the
court in its discretion may increase the award of statutory damages to a
sum of not more than $150,000. In a case where the infringer sustains
the burden of proving, and the court finds, that such infringer was not
aware and had no reason to believe that his or her acts constituted an
infringement of copyright, the court in its discretion may reduce the
award of statutory damages to a sum of not less than $200. The court
shall remit statutory damages in any case where an infringer believed
and had reasonable grounds for believing that his or her use of the
copyrighted work was a fair use under section 107, if the infringer was:
(i) an employee or agent of a nonprofit educational institution,
library, or archives acting within the scope of his or her employment
who, or such institution, library, or archives itself, which infringed
by reproducing the work in copies or phonorecords; or (ii) a public
broadcasting entity which or a person who, as a regular part of the
nonprofit
activities of a public broadcasting entity (as defined in subsection (g)
of section 118) infringed by performing a published non dramatic literary
work or by reproducing a transmission program embodying a performance of
such a work.
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(3) (A) In a case of infringement, it shall be a rebuttable presumption
that the infringement was committed willfully for purposes of
determining relief if the violator, or a person acting in concert with
the violator, knowingly provided or knowingly caused to be provided
materially false contact information to a domain name registrar, domain
name registry, or other domain name registration authority in
registering, maintaining, or renewing a domain name used in connection
with the infringement.
(B) Nothing in this paragraph limits what may be considered willful
infringement under this subsection.
(C) For purposes of this paragraph, the term “domain name” has the
meaning given that term in section 45 of the Act entitled “An Act to
provide for the registration and protection of trademarks used in
commerce, to carry out the provisions of certain international
conventions, and for other purposes” approved July 5, 1946 (commonly
referred to as the “Trademark Act of 1946”; 15
U.S.C. 1127).
(d) Additional Damages in Certain Cases.—In any case in which the
court finds that a defendant proprietor of an establishment who claims
as a defense that its activities were exempt under section 110(5) did
not have reasonable grounds to believe that its use of a copyrighted
work was exempt under such section, the plaintiff shall be entitled to,
in addition to any award of damages under this section, an additional
award of two times the amount of the license fee that Copyright
Infringement and Remedies §504152 Copyright Law of the United States
the proprietor of the establishment concerned should have paid the
plaintiff for such use during the preceding period of up to 3 years.§505
· Remedies for infringement: Costs and attorney’s fees. In any
civil action under this title, the court in its discretion may allow the
recovery of full costs by or against any party other than the United
States or an officer thereof. Except as otherwise provided by this
title, the court may also award
a reasonable attorney’s fee to the prevailing party as part of the
costs.
§506 · Criminal offenses 6
(a) Criminal Infringement.—
(1) In general.—Any person who willfully infringes a copyright shall
be punished as provided under section 2319 of title 18, if the
infringement was committed—
(A) for purposes of commercial advantage or private financial gain;
(B) by the reproduction or distribution, including by electronic means,
during any 180-day period, of 1 or more copies or phonorecords of 1 or
more copyrighted works, which have a total retail value of more than
$1,000; or
(C) by the distribution of a work being prepared for commercial
distribution, by making it available on a computer network accessible to
members of the public, if such person knew or should have known that the
work
was intended for commercial distribution.
(2) Evidence.—For purposes of this subsection, evidence of
reproduction or distribution of a copyrighted work, by itself, shall not
be sufficient to establish willful infringement of a copyright.
(3) Definition.—In this subsection, the term “work being prepared
for
commercial distribution” means—
(A) a computer program, a musical work, a motion picture or other
audiovisual work, or a sound recording, if, at the time of unauthorized
distribution—
(i) the copyright owner has a reasonable expectation of commercial
distribution; and
(ii) the copies or phonorecords of the work have not been commercially
distributed; or
(B) a motion picture, if, at the time of unauthorized distribution, the
motion picture—
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§504 Copyright Infringement and Remedies Copyright Law of the United
States 153
(i) has been made available for viewing in a motion picture exhibition
facility; and
(ii) has not been made available in copies for sale to the general
public in the United States in a format intended to permit viewing
outside a motion picture exhibition facility.
(b) Forfeiture, Destruction, and Restitution.—Forfeiture, destruction,
and restitution relating to this section shall be subject to section
2323 of title
18, to the extent provided in that section, in addition to any other
similar remedies provided by law.
(c) Fraudulent Copyright Notice.—Any person who, with fraudulent
intent, places on any article a notice of copyright or words of the same
purport that such person knows to be false, or who, with fraudulent
intent, publicly distributes or imports for public distribution any
article bearing such notice or words that such person knows to be false,
shall be fined not more than $2,500.
(d) Fraudulent Removal of Copyright Notice.—Any person who, with
fraudulent intent, removes or alters any notice of copyright appearing
on a copy of a copyrighted work shall be fined not more than $2,500.
(e) False Representation.—Any person who knowingly makes a false
representation of a material fact in the application for copyright
registration provided for by section 409, or in any written statement
filed in connection with the application, shall be fined not more than
$2,500.
(f) Rights of Attribution and Integrity.—Nothing in this section
applies to infringement of the rights conferred by section 106A(a).
§507 · Limitations on actions 7
(a) Criminal Proceedings.—Except as expressly provided otherwise in
this title, no criminal proceeding shall be maintained under the
provisions of this title unless it is commenced within 5 years after the
cause of action arose.
(b) Civil Actions.—No civil action shall be maintained under the
provisions of this title unless it is commenced within three years after
the claim accrued.
§508 · Notification of filing and determination of actions
(a) Within one month after the filing of any action under this title,
the clerks of the courts of the United States shall send written
notification to the Register of Copyrights setting forth, as far as is
shown by the papers filed in the court, the names and addresses of the
parties and the title, author, and registration number of each work
involved in the action. If any other copyrighted work is later included
in the action by amendment, answer, or other pleading, the clerk shall
Copyright Infringement and Remedies §508154 Copyright Law of the United
States also send a notification concerning it to the Register within one
month after the pleading is filed.
(b) Within one month after any final order or judgment is issued in the
case, the clerk of the court shall notify the Register of it, sending
with the notification a copy of the order or judgment together with the
written opinion, if any, of the court.
(c) Upon receiving the notifications specified in this section, the
Register shall make them a part of the public records of the Copyright Office.
§509 · [Repealed]8
§510 · Remedies for alteration of programming by cable systems9
(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.
§51 1 · Liability of States, instrumentalities of States, and State
officials for infringement of copyright10
(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 122, for importing copies§508 Copyright Infringement and Remedies Copyright Law of the United
States 155
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.
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§512 · Limitations on liability relating to material online 11
(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
Copyright Infringement and Remedies §512156 Copyright Law of the United
States
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;
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(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
§512 Copyright Infringement and Remedies Copyright Law of the United
States 157
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.
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(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 Copyright Infringement and Remedies §512158 Copyright Law
of the United
States 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.
§512 Copyright Infringement and Remedies Copyright Law of the United
States 159
(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
(ii), (iii), and (iv) of subparagraph (A), clause (i) of this
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;
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(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,
Copyright Infringement and Remedies §512160 Copyright Law of the
United
States 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.
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(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 replace the removed material or cease disabling
access to it in 10 business days; and
§512 Copyright Infringement and RemediesCopyright Law of the United
States 161
(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.
Copyright Infringement and Remedies §512162 Copyright Law of the United
States
(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.
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(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
§512 Copyright Infringement and Remedies Copyright Law of the United
States 163
(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 service provider from providing access,
by taking reasonable steps specified in the order to block access, to a
specific, identified, online location outside the United States.
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(2) Considerations.—The court, in considering the relevant criteria
for
injunctive relief under applicable law, shall consider—
(A) whether such an injunction, either alone or in combination with
other such injunctions issued against the same service provider under
this
subsection, would significantly burden either the provider or the
operation
of the provider’s system or network;
(B) the magnitude of the harm likely to be suffered by the copyright
owner in the digital network environment if steps are not taken to
prevent
or restrain the infringement; Copyright Infringement and Remedies §513164 Copyright Law of the United
States
(C) whether implementation of such an injunction would be technically
feasible and effective, and would not interfere with access to
non infringing
material at other online locations; and
(D) whether other less burdensome and comparably effective means of
preventing or restraining access to the infringing material are
available.
(3) Notice and ex parte orders.—Injunctive relief under this
subsection shall be available only after notice to the service provider
and an opportunity for the service provider to appear are provided,
except for orders
ensuring the preservation of evidence or other orders having no material
adverse effect on the operation of the service provider’s
communications
network.
(k) Definitions.—
(1) Service provider.—(A) As used in subsection (a), the term
“service
provider” means an entity offering the transmission, routing, or
providing
of connections for digital online communications, between or among
points
specified by a user, of material of the user’s choosing, without
modification to the content of the material as sent or received.
(B) As used in this section, other than subsection (a), the term
“service
provider” means a provider of online services or network access, or
the
operator of facilities therefore, and includes an entity described in
subparagraph (A).
(2) Monetary relief.—As used in this section, the term “monetary
relief” means
damages, costs, attorneys’ fees, and any other form of
monetary
payment.
(l) Other Defenses Not Affected.—The failure of a service provider’s
conduct to qualify for limitation of liability under this section shall
not bear
adversely upon the consideration of a defense by the service provider
that
the service provider’s conduct is not infringing under this title or
any other
defense.
(m) Protection of Privacy.—Nothing in this section shall be construed
to condition the applicability of subsections (a) through (d) on—
(1) a service provider monitoring its service or affirmatively seeking
facts
indicating infringing activity, except to the extent consistent with a
standard
technical measure complying with the provisions of subsection (i); or
(2) a service provider gaining access to, removing, or disabling access
to
material in cases in which such conduct is prohibited by law.
(n) Construction.—Subsections (a), (b), (c), and (d) describe separate
and
distinct functions for purposes of applying this section. Whether a
service provider qualifies for the limitation on liability in any one of
those subsections shall be based solely on the criteria in that subsection, and shall not affect
a determination of whether that service provider qualifies for the
limitations on liability under any other such subsection.
§512 Copyright Infringement and Remedies Copyright Law of the United
States 165
§513 · Determination of reasonable license fees
for individual proprietors12
In the case of any performing rights society subject to a consent decree
which provides for the determination of reasonable license rates or fees to be
charged by the performing rights society, notwithstanding the provisions of that
consent decree, an individual proprietor who owns or operates fewer than 7
non publicly traded establishments in which non dramatic musical works are performed
publicly and who claims that any license agreement offered by that
performing rights society is unreasonable in its license rate or fee as to that individual
proprietor,
shall be entitled to determination of a reasonable license rate or fee
as follows:
(1) The individual proprietor may commence such proceeding for
determination of a reasonable license rate or fee by filing an
application in the applicable district court under paragraph (2) that a
rate disagreement exists and by serving a copy of the application on the performing rights society.
Such proceeding shall commence in the applicable district court within 90
days after the service of such copy, except that such 90-day requirement shall be
subject to the administrative requirements of the court.
(2) The proceeding under paragraph (1) shall be held, at the individual
proprietor’s election, in the judicial district of the district court
with jurisdiction over the applicable consent decree or in that place of holding court of
a district court that is the seat of the Federal circuit (other than the Court of
Appeals for the Federal Circuit) in which the proprietor’s establishment is
located.
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(3) Such proceeding shall be held before the judge of the court with
jurisdiction over the consent decree governing the performing rights
society. At the discretion of the court, the proceeding shall be held before a special
master or magistrate judge appointed by such judge. Should that consent decree
provide for the appointment of an advisor or advisors to the court for any
purpose, any such advisor shall be the special master so named by the court.
(4) In any such proceeding, the industry rate shall be presumed to have
been reasonable at the time it was agreed to or determined by the court.
Such presumption shall in no way affect a determination of whether the rate
is being correctly applied to the individual proprietor.
(5) Pending the completion of such proceeding, the individual proprietor
shall have the right to perform publicly the copyrighted musical
compositions in the repertoire of the performing rights society by paying an interim
license rate or fee into an interest bearing escrow account with the clerk of
the court, subject to retroactive adjustment when a final rate or fee has been
determined, in an amount equal to the industry rate, or, in the absence of an
industry rate, the amount of the most recent license rate or fee agreed to by the
parties.
(6) Any decision rendered in such proceeding by a special master or
magistrate judge named under paragraph (3) shall be reviewed by the
judge of Copyright Infringement and Remedies §513166 Copyright Law of the United
States the court with jurisdiction over the consent decree governing the
performing rights society. Such proceeding, including such review, shall
be concluded
within 6 months after its commencement.
(7) Any such final determination shall be binding only as to the
individual
proprietor commencing the proceeding, and shall not be applicable to any
other proprietor or any other performing rights society, and the
performing
rights society shall be relieved of any obligation of nondiscrimination
among
similarly situated music users that may be imposed by the consent decree
governing its operations.
(8) An individual proprietor may not bring more than one proceeding
provided for in this section for the determination of a reasonable
license rate or fee under any license agreement with respect to any one performing rights
society.
(9) For purposes of this section, the term “industry rate” means the
license
fee a performing rights society has agreed to with, or which has been
determined by the court for, a significant segment of the music user
industry to
which the individual proprietor belongs.
Chapter 5 · Endnotes
1. See endnote 8, infra.
2. In 1998, two sections 512 were enacted into law. First, on October
17, 1998, the Fairness
in Music Licensing Act of 1998 was enacted. This Act amended chapter 5
to add section 512
entitled “Determination of reasonable license fees for individual
proprietors.” Pub. L. No.
105-298, 112 Stat. 2827, 2831. Second, on October 28, 1998, the Online
Copyright Infringement
Liability Limitation Act was enacted. This Act
amended chapter 5 to add section 512
entitled “Limitations on liability relating to material online.”
Pub. L. No. 105-304, 112 Stat.
2860, 2877. Consequently, in 1999, a technical correction was enacted to
redesignate the
section 512 that was entitled “Determination of reasonable license
fees for individual proprietors” as section 513. Also, the table of
sections was amended to reflect that change. Pub.
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L. No. 106-44, 113 Stat. 221. See also endnote 12, infra.
3. The Berne Convention Implementation Act of 1988 amended section
501(b) by striking
out “sections 205(d) and 411” and inserting in lieu thereof
“section 411.” Pub. L. No. 100-568,
102 Stat. 2853, 2860. The Satellite Home Viewer Act of 1988 amended
section 501 by adding subsection (e). Pub. L. No. 100-667, 102 Stat. 3935, 3957.
In 1990, the Copyright Remedy Clarification Act amended section 501(a)
by adding the last two sentences. Pub. L. No. 101-553, 104 Stat. 2749. The Visual
Artists Rights Act of 1990
also amended section 501(a) as follows: 1) by inserting “or of the
author as provided in section
106A(a)” after “118” and 2) by
striking out “copyright.” and inserting in lieu thereof “copyright or right of the author, as the case may be. For purposes of
this chapter (other than section 506), any reference to copyright shall be deemed to include the
rights conferred by section 106A(a).” Pub. L. No. 101-650, 104 Stat. 5089, 5131.
§513 Copyright Infringement and Remedies Copyright Law of the United
States 167
Copyright Infringement and Remedies Endnotes
In 1999, a technical correction amended the first sentence in subsection
501(a) by
inserting “121” in lieu of “118.” Pub. L. No. 106-44,
113 Stat. 221, 222. The Satellite Home Viewer
Improvement Act of 1999 amended section 501 by adding a subsection (f)
and, in subsection
(e), by inserting “performance or display of a work embodied in a
primary transmission” in
lieu of “primary transmission embodying the performance or display of
a work.” Pub. L. No.
106-113, 113 Stat. 1501, app. I at 1501A-527 and 544. The Satellite Home
Viewer Improvement
Act of 1999 states that section 501(f) shall be effective as of July 1,
1999. Pub. L. No. 106-113,
113 Stat. 1501, app. I at 1501A-544.
The Intellectual Property and High Technology Technical Amendments Act
of 2002
amended section 501(a) by substituting sections “106 through 122”
for “106 through 121.”
Pub. L. No. 107-273, 116 Stat. 1758, 1909.
4. The Prioritizing Resources and Organization for Intellectual Property
Act of 2008
amended section 503 by revising subsection (a) in its entirety. Pub. L.
No. 110-403, 122 Stat.
4256, 4258.
5. The Berne Convention Implementation Act of 1988 amended section
504(c) as follows:
1) in paragraph (1), by inserting “$500” in lieu of “$250” and
by inserting “$20,000” in lieu
of “$10,000” and 2) in paragraph (2), by inserting “$100,000” in
lieu of “$50,000” and by
inserting “$200” in lieu of “$100.” Pub. L. No. 100-568, 102
Stat. 2853, 2860. The Digital Theft
Deterrence and Copyright Damages Improvement Act of 1999 amended section
504(c), in
paragraph (1), by substituting “$750” for “$500” and
“$30,000” for “$20,000” and, in paragraph (2),
by substituting
“$150,000” for “$100,000.” Pub. L. No. 106-160, 113 Stat. 1774.
The Fraudulent Online Identity Sanctions Act of 2004 amended section
504(c) by adding
a new subparagraph (3). Pub. L. No. 108-482, 118 Stat. 3912, 3916.
6. The Piracy and Counterfeiting Amendments Act of 1982 amended section
506 by substituting
a new subsection (a). Pub. L. No. 97-180, 96 Stat.
91, 93. The Visual Artists Rights
Act of 1990 amended section 506 by adding subsection (f). Pub. L.
No.101-650, 104 Stat. 5089,
5131. In 1997, the No Electronic Theft (NET) Act again amended section
506 by amending
subsection (a) in its entirety. Pub. L. No. 105-147, 111 Stat. 2678.
That Act also directed the
United States Sentencing Commission to “ensure that the applicable
guideline range for
a defendant convicted of a crime against
intellectual property … is sufficiently stringent to deter
such a crime” and to “ensure that the guidelines provide for
consideration of the retail value
and quantity of the items with respect to which the crime against
intellectual property was
committed.” Pub. L. No. 105-147, 111 Stat. 2678, 2680. See also
endnote 2 in Appendix G.
The Artists’ Rights and Theft Prevention Act of 2005 amended
subsection 506(a) in its
entirety. Pub. L. No. 109-9, 119 Stat. 218, 220.
The Prioritizing Resources and Organization for Intellectual Property
Act of 2008
amended section 506 by revising subsection (b) in its entirety. Pub. L.
No. 110-403, 122 Stat.
4256, 4260.
7. In 1997, the No Electronic Theft (NET) Act amended section 507(a) by
inserting “5” in
lieu of “three.” Pub. L. No. 105-147, 111 Stat. 2678.
8. The Prioritizing Resources and Organization for Intellectual Property
Act of 2008
repealed section 509. Pub. L. No. 110-403, 122 Stat. 4256, 4260. In lieu
of this provision,
refer168 Copyright Law of the United States
Endnotes Copyright Infringement and Remedies
to section 2323, chapter 113 of title 18, United States Code, entitled,
“Forfeiture, Destruction
and Restitution.” Section 2323 is included in the Appendix G to this
volume.
9. The Satellite Home Viewer Improvement Act of 1999 amended the heading
for section
510 by substituting “programming” for “programing” and, in
subsection (b), by substituting
“statutory” for “compulsory.” Pub. L. No. 106-113, 113 Stat.
1501, app. I at 1501A-543.
10. In 1990, the Copyright Remedy Clarification Act added section 511.
Pub. L. No. 101-
553, 104 Stat. 2749. In 1999, a technical correction amended subsection
511(a) by inserting
“121” in lieu of “119.” Pub. L. No. 106-44, 113 Stat. 221, 222.
The Intellectual Property and High Technology Technical Amendments Act of 2002 amended section 511(a) by
substituting sections
“106 through 122” for “106 through 121.”
Pub. L. No. 107-273, 116 Stat. 1758, 1909.11. In 1998, the Online Copyright Infringement Liability Limitation Act
added section
512. Pub. L. No. 105-304, 112 Stat. 2860, 2877. In 1999, a technical
correction deleted the heading for paragraph (2) of section 512(e), which was
“Injunctions.” Pub. L. No. 106-44,
113 Stat. 221, 222.
12. The Fairness in Music Licensing Act of 1998 added section 513. Pub.
L. No. 105-298, 112
Stat. 2827, 2831. This section was originally designated as section 512.
However, because two sections 512 had been enacted into law in 1998, a technical amendment
re-designated this as
section 513. Pub. L. No. 106-44, 113 Stat. 221. See also endnote 2,
supra.
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