U.S. Digital Millennium Copyright Act electronic registration required

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.