17 U.S.C. § 512 — Limitations on liability relating to material online

(a) Transitory Digital Network Communications: A service provider is not liable for money payments, or, except as subsection (j) provides, for an injunction or other equitable relief, for copyright infringement caused by transmitting, routing, or providing connections for material through a system or network the provider controls or operates, or that is controlled or operated for the provider. This also covers the material’s brief and temporary storage while it is transmitted, routed, or connected, but only if all of these conditions are met: (1) Someone other than the service provider started the transmission or directed it. (2) The transmission, routing, connection, or storage happens through an automatic technical process, and the provider did not choose the material. (3) The provider does not choose the recipients, except automatically in response to another person’s request. (4) A copy made during the brief storage is not kept in a way ordinarily accessible to anyone other than the expected recipients. It also is not kept ordinarily accessible to those expected recipients longer than reasonably necessary for the transmission, routing, or connection. (5) The material passes through the system or network without its content being changed. (b) System Caching: (1) Limitation on liability: A service provider is not liable for money payments, or, except as subsection (j) provides, for an injunction or other equitable relief, for copyright infringement caused by the brief and temporary storage of material on a system or network the provider controls or operates, or that is controlled or operated for the provider, if all of these facts are true: (A) Someone other than the service provider made the material available online. (B) At the direction of a person other than the original provider, the material was sent from the original provider through the system or network to that other person. (C) The storage is done automatically so that users of the system or network can get the material after it was sent as described in (B), when those users ask the original provider for access. The conditions in paragraph (2) must also be met. (2) Conditions: The conditions are: (A) The material is sent to the later users without changing its content from the way it was sent by the original provider. (B) The service provider follows the original provider’s rules for refreshing, reloading, or otherwise updating the material when those rules are specified under a generally accepted industry-standard data-communications protocol for the system or network. This applies only if the original provider is not using the rules to prevent or unreasonably impair this intermediate storage. (C) The service provider does not interfere with technology connected with the material that can return to the original provider information that would have been available if the later users had obtained the material directly from the original provider. This applies only if the technology: (i) does not significantly interfere with the provider’s system or network, or with the material’s intermediate storage; (ii) follows generally accepted industry-standard communications protocols; and (iii) does not take information from the provider’s system or network other than information that would have been available to the original provider if the later users had accessed the material directly from that provider. (D) If the original provider requires a person to meet a condition before getting the material—for example, paying a fee or providing a password or other information—the service provider allows significant access to the stored material only to users who met those conditions, and only under those conditions. (E) If the original provider made the material available online without the copyright owner’s authorization, the service provider promptly removes or disables access to material claimed to be infringing after receiving a claimed-infringement notification described in subsection (c)(3). This applies only if: (i) the material was already removed from the original site, access to it was already disabled, or a court ordered its removal or ordered that access to it on the original site be disabled; and (ii) the notifying party states in the notification that the material was removed from the original site, access to it was disabled, or a court ordered that removal or disabling. (c) Information Residing on Systems or Networks at Direction of Users: (1) In general: A service provider is not liable for money payments, or, except as subsection (j) provides, for an injunction or other equitable relief, for copyright infringement caused by storing material at a user’s direction on a system or network the provider controls or operates, or that is controlled or operated for the provider, if the provider: (A) (i) does not actually know that the material, or an activity using it on the system or network, is infringing; (ii) without that actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (iii) promptly removes the material or disables access to it after obtaining that knowledge or awareness; (B) does not receive a financial benefit directly attributable to the infringing activity when the provider has the right and ability to control that activity; and (C) promptly removes or disables access to the material claimed to be infringing or claimed to be the subject of infringing activity after receiving a claimed-infringement notification described in paragraph (3). (2) Designated agent: These liability limits apply only if the service provider designates an agent to receive the notifications described in paragraph (3). The provider must make the following information available through its service, including on its website in a place open to the public, and must give it to the Copyright Office: (A) The agent’s name, address, phone number, and email address. (B) Other contact information that the Register of Copyrights considers appropriate. The Register must keep a current public directory of the agents, including on the Internet, and may require providers to pay a fee covering the directory’s maintenance costs. (3) Elements of notification: (A) To work under this subsection, a claimed-infringement notification must be a written communication to the provider’s designated agent that substantially includes: (i) A physical or electronic signature of a person authorized to act for the owner of an allegedly infringed exclusive right. (ii) Identification of the copyrighted work claimed to have been infringed. If one notification covers several copyrighted works at one online site, it may instead identify a representative list of those works at that site. (iii) Identification of the material claimed to be infringing or to be the subject of infringing activity, which is to be removed or blocked, and information reasonably sufficient for the provider to locate it. (iv) Information reasonably sufficient for the provider to contact the complaining party, such as an address, telephone number, and, if available, an email address. (v) A statement that the complaining party genuinely believes that the use complained about is not authorized by the copyright owner, the owner’s agent, or the law. This section does not define “good faith.” (vi) A statement that the notification’s information is accurate and, under penalty of perjury, that the complaining party is authorized to act for the owner of the allegedly infringed exclusive right. (B) (i) Subject to clause (ii), a notification from a copyright owner or an authorized person that does not substantially comply with (A) is not considered under paragraph (1)(A) when deciding whether the provider actually knew of infringement or was aware of facts or circumstances making infringing activity apparent. (ii) If the notification does not substantially comply with every part of (A), but does substantially comply with (A)(ii), (iii), and (iv), clause (i) applies only if the provider promptly tries to contact the notifying person or takes other reasonable steps to help receive a notification that substantially complies with all of (A). (d) Information Location Tools: A service provider is not liable for money payments, or, except as subsection (j) provides, for an injunction or other equitable relief, for copyright infringement caused by referring or linking users to an online location containing infringing material or activity through an information-location tool, such as a directory, index, reference, pointer, or hypertext link, if the provider: (1) (A) does not actually know that the material or activity is infringing; (B) without that actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (C) promptly removes or disables access to the material after obtaining that knowledge or awareness; (2) does not receive a financial benefit directly attributable to the infringing activity when the provider has the right and ability to control it; and (3) promptly removes or disables access to the material claimed to be infringing or to be the subject of infringing activity after receiving a notification described in (c)(3). For this paragraph, the information required by (c)(3)(A)(iii) must identify the reference or link to the claimed-infringing material or activity that is to be removed or blocked, along with information reasonably sufficient for the 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 an employee faculty member or graduate student is teaching or doing research, that faculty member or graduate student is treated as someone other than the institution for subsections (a) and (b). For subsections (c) and (d), that person’s knowledge or awareness of the person’s infringing activities is not attributed to the institution, but only if: (A) The person’s infringing activities do not involve providing online access to instructional materials that were required or recommended during the previous 3 years for a course that person taught at the institution; (B) During the previous 3 years, the institution received no more than two subsection (c)(3) notifications claiming that person infringed, and those claimed-infringement notifications were not actionable under subsection (f); and (C) The institution gives all users of its system or network information materials that accurately describe and promote compliance with United States copyright laws. (2) For this subsection, the limits on injunctions in (j)(2) and (j)(3) apply, but the limit in (j)(1) does not. (f) Misrepresentations: A person who knowingly and materially misrepresents under this section either: (1) that material or activity is infringing; or (2) that material or activity was removed or access to it was disabled by mistake or misidentification, is liable for damages, including costs and attorney fees, suffered by an alleged infringer, a copyright owner or the owner’s authorized licensee, or a service provider that is injured by the misrepresentation. The injury must result from the provider relying on the misrepresentation when removing or disabling access to the claimed-infringing material or activity, replacing removed material, or stopping the disabling of access. (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 is not liable to anyone for a claim based on the provider’s good-faith removal of material or activity, or disabling access to it, when it was claimed to be infringing or facts or circumstances made infringing activity apparent. This is true even if the material or activity is ultimately found not to be infringing. This section does not define “good faith.” (2) Exception: Paragraph (1) does not apply to material stored at a subscriber’s direction on the provider’s system or network if the provider removed it or disabled access under a notice in (c)(1)(C), unless the provider: (A) promptly takes reasonable steps to tell the subscriber that it removed the material or disabled access; (B) after receiving a counter-notification described in paragraph (3), promptly gives the original notifying person a copy and tells that person it will replace the material or stop disabling access within 10 business days; and (C) replaces the material and stops disabling access no sooner than 10 and no later than 14 business days after receiving the counter-notice, unless the designated agent first receives notice from the original notifying person that the person filed an action seeking a court order stopping the subscriber from infringing with the material on the provider’s system or network. (3) Contents of counter-notification: To work under this subsection, a counter-notification must be a written communication to the provider’s designated agent that substantially includes: (A) The subscriber’s physical or electronic signature. (B) Identification of the removed or blocked material and the location where it appeared before removal or blocking. (C) A statement, under penalty of perjury, that the subscriber genuinely believes the material was removed or blocked because of a mistake or misidentification of the material to be removed or blocked. This section does not define “good faith.” (D) The subscriber’s name, address, and telephone number; consent to the jurisdiction of the Federal District Court for the district where that address is located—or, if the address is outside the United States, any district where the provider may be found—and agreement to accept service of process from the original notifying person or that person’s agent. (4) Limitation on other liability: A provider’s compliance with paragraph (2) does not make the provider liable for copyright infringement concerning the material identified in the notice under (c)(1)(C). (h) Subpoena To Identify Infringer: (1) Request: A copyright owner or a person authorized to act for the owner may ask the clerk of any United States district court to issue a subpoena to a service provider to identify an alleged infringer under this subsection. (2) Contents of request: The request may be made by filing with the clerk: (A) a copy of a notification described in (c)(3)(A); (B) a proposed subpoena; and (C) a sworn declaration saying that the subpoena is sought to obtain an alleged infringer’s identity and that the information will be used only to protect rights under this title. (3) Contents of subpoena: The subpoena must authorize and order the provider that receives the notification and subpoena to promptly disclose to the copyright owner or the owner’s authorized person information sufficient to identify the alleged infringer of the material described in the notification, to the extent the provider has that information. (4) Basis for granting subpoena: If the filed notification satisfies (c)(3)(A), the proposed subpoena is in proper form, and the declaration is properly signed and executed, the clerk must promptly issue and sign the proposed subpoena and return it to the requester for delivery to the provider. (5) Actions of service provider receiving subpoena: After receiving the issued subpoena, either with or after receiving a notification described in (c)(3)(A), the provider must promptly disclose the information required by the subpoena to the copyright owner or authorized person. This applies despite any other law and whether or not the provider responds to the notification. (6) Rules applicable to subpoena: Unless this section or applicable court rules say otherwise, the rules for issuing and delivering the subpoena, and the remedies for not complying, are governed as far as practicable by the Federal Rules of Civil Procedure provisions governing issuing, serving, and enforcing a subpoena duces tecum. This section does not define “subpoena duces tecum.” (i) Conditions for Eligibility: (1) Accommodation of technology: The liability limits in this section apply only if the service provider: (A) adopts and reasonably implements a policy for ending, in appropriate circumstances, the accounts of subscribers and account holders who are repeat infringers, and informs the provider’s subscribers and account holders about that policy; and (B) accommodates “standard technical measures” and does not interfere with them. (2) Definition: In this subsection, “standard technical measures” means technical measures copyright owners use to identify or protect copyrighted works that: (A) were developed through a broad agreement of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process; (B) are available to anyone on reasonable and nondiscriminatory terms; and (C) do not impose substantial costs on providers or substantial burdens on their systems or networks. (j) Injunctions: These rules apply to an application under section 502 for an injunction against a service provider that is not subject to money payments under this section. (1) Scope of relief: (A) For conduct other than conduct qualifying for subsection (a)’s remedy limit, a court may grant an injunction against the provider only in one or more of these forms: (i) An order stopping the provider from giving access to infringing material or activity located at a particular online site on the provider’s system or network. (ii) An order stopping the provider from giving access to an identified subscriber or account holder who is engaging in infringing activity, by ending the accounts specified in the order. (iii) Other relief the court considers necessary to prevent or stop infringement of copyrighted material identified in the order at a particular online location, but only if it is the least burdensome option for the provider among options that are comparably effective. (B) If the provider qualifies for subsection (a)’s remedy limit, a court may grant an injunction only in one or both of these forms: (i) An order stopping the provider from giving access to an identified subscriber or account holder who is using the provider’s service for infringing activity, by ending the accounts specified in the order; or (ii) an order stopping access to a specific, identified online location outside the United States by requiring the reasonable steps specified in the order. (2) Considerations: When applying the criteria for injunctions under applicable law, the court must consider: (A) whether the injunction, alone or together with other injunctions under this subsection against the same provider, would significantly burden the provider or operation of its system or network; (B) how much harm the copyright owner would likely suffer in the digital-network setting if steps were not taken to prevent or stop the infringement; (C) whether the injunction would be technically feasible and effective without interfering with access to noninfringing material at other online locations; and (D) whether other less burdensome and comparably effective ways to prevent or stop access to the infringing material are available. (3) Notice and ex parte orders: Injunctive relief is available only after the provider receives notice and an opportunity to appear, except for orders preserving evidence or other orders that have no material adverse effect on the provider’s communications network. (k) Definitions: (1) Service provider: (A) In subsection (a), “service provider” means an entity offering transmission, routing, or connections for digital online communications between or among points a user specifies, carrying material the user chooses, without changing the material’s content as sent or received. (B) Elsewhere in this section, except subsection (a), “service provider” means a provider of online services or network access, or an operator of facilities for those services or access. It includes an entity described in (A). (2) Monetary relief: “Monetary relief” means damages, costs, attorney fees, and any other form of money payment. (l) Other Defenses Not Affected: If a provider’s conduct does not qualify for this section’s liability limit, that failure may not count against consideration of a defense that the provider may raise—that the conduct is not infringing under this title, or any other defense. This section does not define “infringing” or “defense.” (m) Protection of Privacy: Nothing in this section makes the protections in subsections (a) through (d) depend on: (1) the provider monitoring its service or actively looking for facts showing infringing activity, except to the extent consistent with a “standard technical measure” that complies with subsection (i); or (2) the provider accessing, removing, or disabling access to material when the law prohibits that conduct. (n) Construction: Subsections (a), (b), (c), and (d) describe separate and distinct functions for applying this section. Whether a provider qualifies for one subsection’s liability limit depends only on that subsection’s criteria. It does not affect whether the provider qualifies for the liability limit under another subsection.