Digital Millennium Copyright Act: New Electronic Registration

The U.S. Copyright Office has announced a new electronic filing system for registering websites, apps, and other online platforms for safe harbor protection from

The U.S. Copyright Office has announced a new electronic filing system for registering websites, apps, and other online platforms for “safe harbor” protection from copyright infringement liability.  The new system becomes effective December 1, 2016. 

If your or your company’s website or app provides links to material on other websites or hosts material submitted by users, the Digital Millennium Copyright Act (“DMCA”) provides immunity from copyright infringement liability for online service providers but only if certain requirements are met, including the designation of an agent to receive notifications of claimed copyright infringement  on its website (usually in its Terms of Use) and by registering such information with the Copyright Office. 

Until now, agent designations were required to be filed with the Copyright Office on a paper form. Beginning December 1, 2016, service providers must use the new online registration system to electronically submit service provider and designated agent information to the Copyright Office.  The new system will be available on the Copyright Office’s website http://www.copyright.gov/rulemaking/onlinesp/NPR/

Action Items:

  1. If you have never filed designated agent information with the Copyright Office for your online platform, you should consider taking action immediately. Contact me and I will also provide you with the information you need to get the protections available under the DMCA.
  2. If you have previously designated an agent using the paper process, you are required to submit a new designation using the online system within one year-i.e., by no later than December 31, 2017.
  3. Plan to renew your designations every three years.

The agent designation filing is only one of many conditions and requirements that a service provider must satisfy to be entitled to the DMCA immunity.  For example, the DMCA safe harbor is dependent on the content available on the service and the provider’s content management and oversight practices.

Please contact us if you have any questions or would like more information about the DMCA safe harbor and the new designated agent registration system.

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