Parties that operate websites may enjoy immunity from copyright liability for the infringing posts of their users under the terms of the Digital Millennium Copyright Act (“DMCA”). The DMCA offers a “safe harbor” from copyright infringement liability for Internet service providers where the provider establishes and publicizes in its website Terms of Use, a process for responding to claims of copyright infringement.
As part of the DMCA immunity process, service providers must designate and register with the U.S. Copyright Office, an agent to receive notifications of claimed copyright infringement. The U.S. Copyright Office has implemented a new online agent designation system, and all previously paper-filed agent designations will expire on December 31, 2017. Companies that wish to continue to enjoy DMCA safe harbor protections must re-register by filing a new agent designation electronically via the Copyright Office’s new DMCA web portal.
You can register (or re-register) your Agent to Receive Notice of claimed copyright infringements on the U.S. Copyright Office website, at the following link: https://www.copyright.gov/dmca-directory/. You will first need to create a DMCA Designated Agent Registration Account that will be used to log into the system, and then follow the prompts to register your agent information. There is a government fee of $6.00 for up to 10 domains. Registration is good for 3 years, from the date an agent designation is first made, or when it is amended or updated.
Please note also that accurate contact information for your designated DMCA agent must be available on your website, and is often included as part of a Terms of Service disclosure.
For further information on DMCA guidance, assistance in registering or re-registering your DMCA agent designation, or to review your website’s current legal disclosures contact Karen Frank at kfrank@coblentzlaw.com.
