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ARTICLE · 18 NOVEMBER 2016

Don't Lose Your DMCA Safe Harbor Protection!

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The U.S. Copyright Office's new electronic system for copyright-agent registration and maintenance goes into effect on December 1, 2016, and with it comes new rules.

United StatesIntellectual Property
James Gatto
James Gatto
Kayla Page
Kayla Page
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The U.S. Copyright Office's new electronic system for copyright-agent registration and maintenance goes into effect on December 1, 2016, and with it comes new rules. Beginning December 1, all online service providers must submit new designated-agent information to the Copyright Office through the online registration system. Electronic designations should be filed on December 1, 2016, or as soon as possible thereafter. Service providers who fail to timely submit electronic designations will be ineligible for the safe harbor from copyright-infringement liability provided by § 512(c) of the Digital Millennium Copyright Act.

Companies that provide online services (such as a website, email service, discussion forum, or chat room) generally qualify as online service providers under the DMCA. To take advantage of § 512(c)'s safe harbor, service providers must designate agents to receive notifications of claimed infringement. Until now, service providers have identified

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