106 of this title, asserted by the legal or beneficial owner of such exclusive right at the time of infringement pursuant to which the claimant seeks damages, if any, within the limitations set forth in subsection (e)(1). (2) A claim for a declaration of noninfringement of an exclusive right of copyright provided under section 106 of this title, where an actual controversy exists as evidenced by a written communication indicating that legal action against the claimant is imminent due to specifically alleged infringing conduct. (3) Notwithstanding any other provision of law, a claim pursuant to section 512(f) of this title for misrepresentation in connection with a notification of claimed infringement or a counter notification seeking to replace removed or disabled material: Provided, however , That any remedies in such a proceeding before the Copyright Claims Board shall be limited to those available under this chapter. (4) A counterclaim asserted solely against the claimant or claimants in a proceeding pursuant to which the counterclaimant or counterclaimants seek damages, if any, within the limitations set forth in subsection (e)(1), and that— (A) arises under section 106 or section 512(f) of this title, and out of the same transaction or occurrence that is the subject of a claim of infringement brought under paragraph (1), a claim of noninfringement brought under paragraph (2), or a claim of misrepresentation brought under paragraph (3)