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ARTICLE · 05 DECEMBER 2016

Copyright Infringement: Get Ready For New DMCA Agent Designation Rules

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Out with the old, in with the new. That's the latest slogan of the Copyright Office which, on December 1, 2016, finally brings its nearly 20-year old system for designating DMCA agents online.

United StatesIntellectual Property
Jeremy Goldman
Jeremy Goldman
Daniel M. Goldberg
Daniel M. Goldberg
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Out with the old, in with the new. That's the latest slogan of the Copyright Office which, on December 1, 2016, finally brings its nearly 20-year old system for designating Digital Millennium Copyright Act ("DMCA") agents online. The Copyright Office spells out these changes in a final rule that provides important new filing requirements and places increased emphasis on maintaining current and accurate designations. How will the modernization of the system affect your business? Read on to find out.

Background

The DMCA provides companies that meet certain eligibility requirements with a safe harbor from liability for copyright infringement. For example, a company that hosts user-generated content on its website may not be liable for copyrighted content uploaded by its users. To receive DMCA protection, a company must, among other things, designate an agent with the Copyright Office to receive complaints of claimed copyright infringement, and maintain current and

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