Page:Hatch-Goodlatte Act.pdf/62

132 STAT. 3736 ::::“(I) —An award of statutory damages or of attorneys’ fees under section 504 or 505 may not be made against an entity that has filed contact information for that entity under clause (i) with respect to an unauthorized use by that entity of a sound recording under subsection (a) if the use occurs before the end of the 90-day period beginning on the date on which the entity receives a notice that—
 * “(aa) is sent by or on behalf of the rights owner of the sound recording;
 * “(bb) states that the entity is not legally authorized to use that sound recording under subsection (a); and
 * “(cc) identifies the sound recording in a schedule conforming to the requirements prescribed by the regulations issued under subparagraph (A)(ii).
 * “(II) —In any case in which a notice under subclause (I) is sent to an entity by mail or courier service and the notice is returned to the sender because the entity either is no longer located at the address provided in the contact information filed under clause (i) or has refused to accept delivery, or the notice is sent by electronic mail and is undeliverable, the 90-day period under subclause (I) shall begin on the date of the attempted delivery.
 * “(C) —Section 412 shall not limit an award of statutory damages under section 504(c) or attorneys’ fees under section 505 with respect to a covered activity in violation of subsection (a).
 * “(6) —
 * “(A) —Subject to subparagraph (B), no provision of this title shall apply to or limit the remedies available under this section except as otherwise provided in this section.
 * “(B) —Any term used in this section that is defined in section 101 shall have the meaning given that term in section 101.

“(g) —For purposes of section 230 of the Communications Act of 1934 (47 U.S.C. 230), subsection (a) shall be considered to be a ‘law pertaining to intellectual property’ under subsection (e)(2) of such section 230.

“(h) —
 * “(1) —With respect to a rights owner described in subsection (l)(2)(B)—
 * “(A) subsections (d) and (e) of section 201 and section 204 shall apply to a transfer described in subsection (l)(2)(B) to the same extent as with respect to a transfer of copyright ownership; and
 * “(B) notwithstanding section 411, that rights owner may institute an action with respect to a violation of this section to the same extent as the owner of an exclusive right under a copyright may institute an action under section 501(b).