Attention Website Operators and Online Service Providers:

The Deadline to Refile Your Designated Agent Information With the U.S. Copyright Office is Approaching

September 18, 2017
Legal Update

Last December the Copyright Office rolled out its new online filing system for designating an agent to receive notices of copyright infringement. Website operators and other online service providers who have previously registered a designated agent with the Copyright Office must refile using the new online system before January 1, 2018, to remain eligible for the Digital Millennium Copyright Act’s (DMCA’s) safe harbor, which can protect eligible website operators and other service providers from monetary liability for copyright infringement committed by their users.

The new online filing system replaced the interim, paper-based system that had been used since the DMCA was first enacted in 1998. Under the old system, service providers could designate agents by sending in paper forms to the Copyright Office, which the Copyright Office then scanned and publicly posted in its directory of agents. Previous filings made under the old, paper-based system continue to meet the DMCA’s requirements until they are phased out on December 31, 2017.   

In connection with its new online filing system, the Copyright Office issued its Final Rule last November relating to designating an agent with the Copyright Office. Highlights are as follows:

For more information, please contact Melissa Kern, AJ Correale, Monica Dias, Carl Eppler, Arsha Hasan, Neal Patel, Sam QuimbyCindy Stewart, or any other attorney in Frost Brown Todd’s Intellectual Property Law and Litigation Practice Group.

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