Duties and compliance

Section 512 applies different conditions to different provider functions; the hosting safe harbor includes the best-known takedown process.

Core requirements

  1. Designate an agentA hosting provider seeking the relevant safe harbor must publish agent information and register the agent with the Copyright Office.
  2. Act expeditiouslyUpon receiving a compliant notice, the provider must act expeditiously to remove or disable access to the identified material to retain the applicable protection.
  3. Notify the subscriberThe provider must take reasonable steps to promptly notify the subscriber that material was removed or disabled.
  4. Process counter-noticesThe provider generally restores material 10 to 14 business days after a valid counter-notice unless notified that the claimant filed a qualifying court action.

False statements and infringement liability

Section 512(f) permits recovery of damages, costs, and attorney’s fees caused by a knowing material misrepresentation in a takedown notice or counter-notice. Separately, copyright infringement can result in injunctions, actual or statutory damages, costs, and—in qualifying cases—criminal penalties.

Use the controlling text

Coverage, exceptions, knowledge standards, definitions, remedies, and effective dates must be evaluated from the full statutory or legislative text. Agency guidance can explain requirements but does not replace the text.

Public Law 105-304 — statutory text