Advanced Copyright Law on the Internet

plates, molds, and the like used to make infringing articles. Section 1323(c) sets up a three year
statute of limitations.

(11) Private Rights of Action Against Pirated Designs

Section 1326 affords a powerful remedy for victims of pirated designs. Specifically, that
Section allows a private right of action to recover civil fines of not more than $500 per offense
for false marking with a design notice knowing that the design is not protected. The civil fines
are split equally between the private plaintiff and the United States.

(12) Relation to Design Patents and Retroactive Effect

Finally, Section 1329 provides that the issuance of a design patent terminates any
protection for the original design under the design statute, and Section 1332 provides that the
design statute has no retroactive effect.

(g) Limitation of Liability of Online Service Providers

The DMCA contains elaborate provisions and safe harbors that limit the liability of
online service providers for copyright infringement occurring through their services. These
provisions are discussed in Section III.C.6 below.

(h) Subpoenas to Service Providers

Section 512(h) of the DMCA sets up a procedure through which a copyright owner may
obtain a subpoena through a United States district court directing the service provider to release
the identity of an alleged direct infringer acting through the service provider’s system or
network. The subpoena is issued by the clerk of any United States district court upon a request
by the copyright owner (or one authorized to act on the owner’s behalf) containing the proposed
subpoena, “a copy of a notification described in subsection (c)(3)(A),” and a sworn declaration
ensuring that the subpoena is solely to obtain the identity of the alleged infringer, which
information will be used only to protect rights to the copyright.^1474 The subpoena, in turn,
authorizes and orders the recipient service provider “to expeditiously disclose” information
sufficient to identify the alleged infringer.^1475 The clerk “shall expeditiously issue” the subpoena
if it is in proper form, the declaration is properly executed, and “the notification filed satisfies the
provisions of subsection (c)(3)(A).^1476 The service provider, upon receipt of the subpoena, “shall
expeditiously disclose” the information required by the subpoena to the copyright owner (or
authorized person).^1477 The issuance, delivery and enforcement of subpoenas is to be governed

(^1474) 17 U.S.C. § 512(h)(2).
(^1475) Id. § 512(h)(3).
(^1476) Id. § 512(h)(4).
(^1477) Id. § 512(h)(5).