IP News

Copyright Alert: Deadline for DMCA Registered Agents to Submit New Designation Electronically is Quickly Approaching

November 13, 2017

If you are a service provider that designated an agent with the Copyright Office prior to December 1, 2016, you must submit a new designation electronically using the online registration system by December 31, 2017. Any designation not made through the online registration system will expire and become invalid after December 31, 2017.

Recap

Under the Digital Millennium Copyright Act (“DMCA”) online service providers are granted safe harbors from copyright infringement liability if they meet certain conditions, including registering with the Copyright Office the agent designated to receive copyright complaints. In December 2016, the Copyright Office introduced an online registration system and an electronically generated directory to replace the Office’s old paper-based system and directory. (Here is our original notice describing that event.)

After December 31, 2017, only service providers who have designated agents registered through the new online system will be protected under the DMCA safe harbors. Further information on the DMCA safe harbors and the new electronic system can be found here.

P.S. Another safe harbor requirement is that you provide accurate agent contact information online, so check your website to be sure your DMCA information is up-to-date.

We are here to help!

If you would like our assistance in filing an initial designation, updating an old designation or understanding these DMCA rules, please contact Howard Zaharoff Amanda Schreyer or Michael Cavaretta.

The author would like to acknowledge the contributions to this article by and give thanks to Luciana Rivera, Northeastern University School of Law (NUSL) 2018.

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