DO YOU HAVE INTERNET CUSTOMERS WHO UPLOAD CONTENT TO YOUR WEBSITE?
DO YOU WISH SAFE HARBOR FOR COPYRIGHT INFRINGEMENT CLAIMS FOR THOSE UPLOADS?
In some instances, the U.S. Digital Millennium Copyright Act (DMCA) provides a safe harbor for internet service providers (ISPs) against liability for copyright infringement by their users. An ISP meet all statutory requirements.
One of the most high-profile requirements for safe harbor is that the ISP must appoint and register a designated agent to receive copyright content complaints.
The Copyright Office has instituted a revised registration process for DMCA designated agents. Existing ISPs registered under the old system have until December 31, 2017 to refile (electronically) under the new system. Beginning January 1, 2018, agents registered using the older interim designation procedure will no longer be recognized as registered agents with the U.S. Copyright Office and the ISP will lose any safe harbor protection provided by the DMCA until an agent is registered using the new online registration. If you have not yet registered, you should consider whether you are an ISP and whether users upload content on your website or channel.
The U.S. Copyright Office fee is $6 per agent. The registration system can be accessed at https://www.copyright.gov/dmca-directory/ . Additional information from the U.S. Copyright Office and tutorials on the new system are available at https://www.copyright.gov/rulemaking/onlinesp/NPR/ . At this time, after registering an agent using the new online system, that registration must be updated every three (3) years to remain in compliance.
If you wish more detailed information on this issue, please do not hesitate to contact our office.
© 2017, HOLZER PATEL DRENNAN
Co-Authored by Amy Deveraux, Esq. and Judith Keene, Esq.
