What is the name of your state (only U.S. law)? RI
A video sharing site was found to have hosted user-uploaded content that infringed your copyright (someone re-uploaded your movie for instance) and the site makes $20,000 from advertising on the video. You find out about this, and under the DMCA file a takedown notice, and the site removes the infringing content. Is the site then liable to be compelled to return the $20,000? The DMCA is unclear about this as the safe harbor provision doesn't really get into what happens when the site is actively profiting from the content. On one hand, nobody knew the content was infringing until the claim was brought (including me) but on the other hand, they can't just keep the money that was found to have been earned illegally.
I'm the copyright owner in this instance. Sorry for the weird wording, I needed to try to make it clear.