If you provide an Internet
website where third parties are able to upload information, including (without
limitation) videos, images, audio clips or data or if you provide a search
engine, information location tools or directories, you may be considered an
Internet service provider. As such, in order to take advantage of the safe
harbor provisions of the U.S. Digital Millenium Copyright Act (“DMCA”), you must
register with the U.S. Copyright Office. In addition, contact information for
your designated agent should be available to the public on your site(s). Through
such registration, notice and compliance with the DMCA generally, you may be
able to avoid liability should a copyright owner allege infringement through
third party postings to your site(s).
Even if you have previously registered
through a paper-filing, the U.S. Copyright Office now requires electronic
registration. Your paper-filing will suffice until December 31, 2017. If prior registrants do not file an
updated electronic application by that date, you will not meet the safe harbor
provisions of the Digital Millenium Copyright Act and may be held liable for
infringement caused by third parties on your site(s).
The new regulations may be
viewed here.
Electronic registration can begin here. Should you require any assistance, do not hesitate
to contact our office.
