Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/137

Chapter Six. Digital Information and Software a good faith belief that the use complained of is not authorized, and that the information in the complaint is accurate.

This begins the “notice and takedown”—takedown, not shakedown—process. Assuming that the copyright owner follows the statutory notification requirements, the service provider must remove or block access to the material, and also notify the subscriber who posted the allegedly infringing materials of the complaint. The subscriber may then file a counter notification. If that happens, the service provider must restore the materials unless the complainant notifies the provider that it has sought a court order to enjoin the alleged infringement.

Information Location Tools (Linking) (Section 512(d))

Finally, the DMCA protects a service provider that provides information location tools. A service provider will not be liable for referring or linking users to a Web site that contains infringing content if the service provider did not have knowledge of the infringing link and, if it had the right and ability to control the activity, it does not receive a financial benefit from doing so. As in 512(c), the service provider must remove the link if it receives notice that it is linking to a site that has infringing content.

Non-Profit Educational Institutions (Section 512(e))

Non-profit educational institutions are included in the DMCA’s definition of “service provider.” But some faculty or graduate students engaged in teaching and research activities are not considered activities of the institution itself, so DMCA protection can apply as it does for the activities of students and patrons. The protection will apply when