Under new Copyright Office regulations, parties seeking the benefits of immunity under the Digital Millennium Copyright Act must re-register their Designation of Agents for notice and service through a new electronic registration system. The deadline is December 31, 2017. Registration is conducted through the Copyright Office website, at www.copyright.gov.
Under the Digital Millennium Copyright Act (the “DMCA”), online service providers (“ISPs”) can take advantage of a safe harbor against copyright infringement liability from infringing material posted to their websites by third parties. This safe harbor is available where the ISP’s comply with certain steps, including the registration with the Copyright Office of a Designated Agent for notification of claimed infringements.
As of December 1, 2016, registration of Agents for notification of infringements under the DMCA must be done through the Copyright Office’s electronic registration system. Parties that previously registered through the Copyright Office’s paper registration system must re-register under the electronic system by December 31, 2017. Existing registrations will remain current to December 31, 2017. From December 1, 2016, new DMCA Agent registrations will be good for a three-year period and must be renewed, or will expire.
Information required to register an Agent for notification under the DMCA:
To create a DMCA Designated Agent Registration Account or to Designate an Agent for Service Provider, go to https://dmca.copyright.gov/osp/login.html.
For further information about designating an Agent under the DMCA, or for other copyright or trademark questions or requests for advice, contact Karen Frank at email@example.com, or Thomas Harvey at firstname.lastname@example.org.