112 STAT. 2880
PUBLIC LAW 105-304—OCT. 28, 1998
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.
Records.
The Register of Copyrights shall maintain a current directory
Public
of agents available to the public for inspection, including
information.
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.
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