Deadline Approaching To Update Designated Agent Under The Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) protects eligible internet platforms from secondary liability for copyright infringement under the “safe harbor” of 17 U.S.C. § 512. One condition of safe harbor protection is that any platform asserting the safe harbor must first designate an agent with the U.S. Copyright Office to receive notices from copyright owners claiming infringement. In 2016 the Copyright Office announced new rules governing the designation of such agents. Specifically, the Copyright Office moved from a paper system to an electronic database of designated agents. All companies wishing to maintain safe harbor eligibility must update their designated agent information via the new system by December 31, 2017. All designations made using the old paper system will be considered invalid after that date.