Renew It Or Lose It: New Rules Set For DMCA Safe Harbor Protection

Effective December 1, 2016, nearly five years after issuing an initial notice of proposed rules, the U.S. Copyright Office will be implementing new rules intended to govern the designation and maintenance of Digital Millennium Copyright Act (DMCA) agent information under a new electronic system. This is a significant action by the Copyright Office, for at least two reasons. First, in order for the safe harbor under the DMCA to be effective, all designations, including those previously submitted, must be made on the new electronic system. All new registrations as of December 1, 2016, must be completed online, while previously filed paper designations continue to be effective until the service provider has registered using the new online system or through December 31, 2017, whichever is earlier. Second, there is a new three-year renewal period for designations, which will be reset after a service provider either amends or resubmits its designation through the online