The Digital Millennium Copyright Act (DMCA) shields online service providers from liability for copyright infringement for information uploaded to their networks by users, the “safe harbor,” if the online service providers meet certain requirements. To benefit from the DMCA safe harbor, the online service provider must designate an agent to receive copyright infringement notices. The online service provider must also file the designated agent contact information with the Register of Copyrights. The DMCA requires the Register of Copyrights to maintain a current directory of the designated agents.
Until now, online service providers could comply with the DMCA designated agent filing requirement by filing with the Register of Copyright just once. The U.S. Copyright Office instituted a new rule entitled “Designation of Agent To Receive Notification of Claimed Infringement,” effective December 1, 2016. Beginning December 1, 2016, online service providers must use the Copyright Office’s new online system to provide the required designated agent information. The Copyright Office will no longer accept paper forms. To ensure the accuracy of the designated agent directory, the Copyright Office now states “all service providers seeking to comply with 17 U.S.C. 512(c)(2), including those that have previously designated an agent using the paper process under the Office’s interim regulations, are required to submit new designations through the electronic system by December 31, 2017.” In addition, the online service provider’s agent designation will expire and become invalid after three years unless the online service provider renews the agent designation. Some copyright thought leaders argue that the Copyright Office’s rule changes create a trap for unwary website owners who currently benefit from the DMCA safe harbor. Eric Goldman explains his objections to the new rule in Copyright Office Gratuitously Kills the DMCA Safe Harbor for Thousands of Websites.