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ARTICLE · 13 DECEMBER 2016

New DMCA Designated Agent Requirements Effective December 2016

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On November 1, 2016, the United States Copyright Office published an amendment to 37 CFR § 201.38 that changes the registration requirements for Designated Agents...

United StatesIntellectual Property
Robert L. Uriarte
Robert L. Uriarte
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On November 1, 2016, the United States Copyright Office published an amendment to 37 CFR § 201.38 that changes the registration requirements for Designated Agents under the Digital Millennium Copyright Act.  Effective December 1, 2016, entities that wish to avail themselves of the safe harbor provisions of the DMCA must register their Designated Agents through the new online registration system.  Entities that registered Designated Agents through the previous paper registration regime have until December 31, 2017 to re-register through the online system.  Failure to register through the new online system by the applicable deadline will result in loss of DMCA safe harbor protection.  In addition, failure to renew a Designated Agent's online registration every three years will result in loss of DMCA safe harbor protection.

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