Copyright Office Moves to Electronic DMCA Registry

Many companies have taken advantage of the Digital Millennium Copyright Act’s (DMCA) safe harbor provision and designated an agent to receive notifications of claimed infringement. Doing so provides some insulation against infringement claims as it affords companies the chance to remove the allegedly infringing material before a formal claim is asserted. In the past, companies designated their agents by making a filing with the U.S. Copyright Office. The Copyright Office is moving to an electronic registry. Even if companies have registered agents in the past, they must also register electronically by December 31, 2017. Failing to do so risks losing the protections of the safe harbor. See the DMCA directory for more information. Companies should also review their website disclaimers and terms and conditions to ensure compliance with the ever-changing regulatory landscape.