Online service providers should note the approaching deadline in connection with the Digital Millennium Copyright Act (“DMCA”). Many websites, mobile apps, blogs, discussion boards, and the like qualify as online service providers: “those that allow users to post or store material on their systems, and search engines, directories, and other information location tools”. The DMCA has “safe harbor” provisions that may shield online service providers from copyright infringement liability with respect to content that is posted or uploaded by their users. In order to seek to take advantage of this “safe harbor” protection, online service providers must designate an agent that will receive notifications of claimed copyright infringement with respect to user-generated content. If you have designated an agent for this purpose in the past, please note that any designation that was made using the U.S. Copyright Office’s former registration system will automatically expire on January 1, 2018. Therefore, it is critical for online service providers to file a new designation before the end of 2017. Our firm handles these filings and has been appointed as the designated agent for DMCA take-down notifications for many clients. For more information about the process, or to speak to one of our attorneys about having our firm designated as your agent for take-down notifications under the DMCA’s “safe harbor” provisions, please contact our office at 305-858-8000.
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