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ARTICLE · 02 DECEMBER 2016

It's December 1: Time To Update Your DMCA Agent Designation

Fox Rothschild LLP
Fox Rothschild LLP
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If you operate a website that accepts user-generated content, it's time to contact the Copyright Office.

United StatesIntellectual Property
James Singer
James Singer
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If you operate a website that accepts user-generated content, it's time to contact the Copyright Office.

Many online service providers (OSPs) accept user-generated content. Examples include e-commerce websites that accept product reviews, news sites that publish user comments on posted articles, social media sites that permit users to share photos or videos, and even blogs who post comments from other users.

It can be very difficult for an OSP to determine whether user-generated content was created by the user who posted it, or whether the content infringes someone else's copyright.

To protect OSPs from being liable for copyright infringement resulting from user-generated content, since 1988 the Digital Millennium Copyright Act (DMCA) has provided OSP's a "safe harbor" from liability so long as OSPs follow certain procedures, including:

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