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ARTICLE · 10 DECEMBER 2016

New Electronic System For DMCA Safe Harbor Agent

If your company hosts or operates an interactive website that allows users to post or upload materials, you need to have a Digital Millennium Copyright Act (DMCA) policy.

United StatesIntellectual Property

If your company hosts or operates an interactive website that allows users to post or upload materials, you need to have a Digital Millennium Copyright Act (DMCA) policy. A DMCA policy gives copyright owners the opportunity to complain if material posted on your website by a user infringes their copyright. So long as you comply with the terms of a properly designed policy, your company will be shielded from liability for hosting a website that displays infringing materials.

For those companies that already have published DMCA policies, a recent change in the law will require you to take steps in the near future to preserve your safe harbor protection. One of the requirements to be eligible for the safe harbor is that companies submit a form to the US Copyright Office identifying the name and contact information of the person designated to receive copyright takedown notices. Effective December 1, 2016, the original designation form has been replaced with a new online

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