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ARTICLE · 15 FEBRUARY 2017

New Year's Resolution – Be Compliant With The DMCA!

Womble Bond Dickinson
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The Digital Millennium Copyright Act provides safe harbors from copyright infringement liability for online service providers.

United StatesIntellectual Property
Emily Scheible
Emily Scheible
Laura Kees
Laura Kees
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Copyright Office Issues New Rule - A Fresh Designation of Agent Submission is Required Before The End of 2017 to Be Compliant With The DMCA

The Digital Millennium Copyright Act ("DMCA") provides safe harbors from copyright infringement liability for online service providers. There are various requirements necessary in order to qualify for safe harbor protection, including that an online service provider must designate an agent with the Copyright Office to receive notifications of claimed infringement.

17 U.S.C. 512(c)(2) – Designated agent. The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of the claimed infringement . . . on its website in an accessible location to the public and by providing the Copyright Office . . . information which the Copyright Office deems appropriate.

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