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ARTICLE · 11 NOVEMBER 2016

New Rules For US DMCA Agent Registration

McCarthy Tétrault
McCarthy Tétrault
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One of the central features of the U.S. Digital Millennium Copyright Act for online service providers is the combination of the Notice and Takedown regime and the corresponding Safe Harbour provision.

CanadaIntellectual Property
SnIP/ITs Blog
SnIP/ITs Blog
Keith Rose
Keith Rose
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One of the central features of the U.S. Digital Millennium Copyright Act (or DMCA)for online service providers is the combination of the Notice and Takedown regime and the corresponding Safe Harbour provision. Provided that online service providers properly carry out their obligations under these provisions, including by promptly removing infringing content when they receive compliant notices, they are shielded from liability for copyright violations by their users.

This system has critics among service providers, right holders, and users. But it has underpinned the explosion of user content-based services ranging from Facebook and YouTube to small community bulletin boards.

A critical element of this regime is the obligation for service providers to publicly designate a DMCA Agent, as the point of contact for notices from right holders. The US Copyright Office operates a public directory of DMCA Agents.

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