Minimizing Website Infringement Liability: (Re)Designate Your Digital Millennium Copyright Act Agent


If you have a brand, chances are you have a website.  And if you have a website, chances are you have content on the website – probably some combination of text, music, photos, and graphics, including a logo that may be registered with both the USPTO and the Copyright Office.  You’re probably taking steps to help ensure that infringing content isn’t posted to your website –right?  In case you hadn’t heard of it, here’s an additional nifty, inexpensive way for you to help minimize liability even further: compliance with the Digital Millennium Copyright Act (DMCA).

The DMCA provides a “safe harbor” to online service providers (SPs) – typically, owners of websites – who take certain steps.  This means SPs who comply with the DMCA may not have to pay damages if their websites allegedly infringe a third party’s content.

One aspect of DMCA compliance just got a little easier.  As of December 1, 2016, the Copyright Office allows SPs to designate an agent under the DMCA through a quick online filing.  Believe it or not, until recently, SPs had to file original forms bearing pen-and-ink signatures!

If you previously designated a DMCA agent with the Copyright Office, that designation will lapse unless you file a new designation using the new system no later than December 31, 2017.  Missing this deadline means that the benefits of the DMCA’s safe harbor protection will be lost.

Under the new system, filings are much cheaper – only $6 per designation, including any “alternate names” of the SP, as opposed to a minimum of $105 under the old system.  It will be easier to update the address of the contact information of the designated agent (also for a $6 fee).  And designations are posted to the online directory of agents as soon as the Copyright Office receives your electronic payment.  So that the directory remains up-to-date, the Copyright Office is now requiring that all SPs renew their DMCA registration every three (3) years, also for a $6 fee.

Happy filing!

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.


About the Author: Janet Fries

Janet Fries protects and champions creative expression by artists, filmmakers, authors and others. She seeks to ensure that clients, both individual artists and corporations operating in entertainment and the arts, reap the rights and benefits afforded to them under U.S. and global intellectual property laws through negotiation, mediation and litigation. A trained fine art photographer herself and a leader in the community of lawyers who serve artists, Janet is immersed in the field both personally and professionally.

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