Page:United States Statutes at Large Volume 112 Part 5.djvu/122

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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.