Action is Necessary: Designate Your Copyright Agent To Ensure Your DMCA Safe Harbor Protection Continues

Under the Digital Millennium Copyright Act (“DMCA”), an online service provider (“OSP”) – such as the owner of a website that allows users to post user content – may be eligible for a safe harbor from copyright infringement liability if, among other things, the OSP designates an agent to receive DMCA notifications of claimed copyright infringement with the Copyright Office and makes the agent’s contact information available on the OSP’s website.

Beginning in December 2016, the Copyright Office is introducing a new online registration system and directory for designating agents under the DMCA. Paper designations are no longer accepted.

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