Document ID: chunk:federal_register_of_legislation:F2024C00262:reg:38
Version: federal_register_of_legislation:F2024C00262
Segment Type: reg
Provision Reference: reg 38
Character Range: 54533–55209

38  Failure to restore or enable access to copyright material
 (1) If a service provider fails to restore, or enable access to, the copyright material on its system or network as required by section 28 or 32, the service provider may be liable for damages or any other civil remedy in a civil action taken by a user or third party affected by the failure.
 (2) However, the service provider is not liable for damages or any other civil remedy in an action taken by the owner or exclusive licensee of the copyright in the copyright material because of the service provider's failure to restore, or enable access to, the copyright material in accordance with section 28 or 32.