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ARTICLE · 14 DECEMBER 2016

New DMCA Registration Requirements

First, all first-time agent designations now must be made through the electronic DMCA registration system.

United StatesIntellectual Property

On December 1, 2016, the U.S. Copyright Office launched its new electronic registration system through which DMCA agents can be designated and found to receive notice of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA).  The new electronic DMCA registration system should be easier, faster, and more cost effective than the previous paper-based system, with only a couple of strings attached.

First, all first-time agent designations now must be made through the electronic DMCA registration system.  Second, all previous agent designations made through the old paper-based DMCA registration system must be re-registered through the new electronic registration system by no later than December 31, 2017.  Failure to re-register by the December 31, 2017 deadline will result in the prior registration’s lapse and the removal of safe-harbor protection under the DMCA. 

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