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Copyright Office Announces Electronic System for Designating Agents Under DMCA
Practical Law Legal Update w-004-2448 (Approx. 3 pages)
Copyright Office Announces Electronic System for Designating Agents Under DMCA
by Practical Law Intellectual Property & Technology
| Published on 01 Nov 2016 • USA (National/Federal) |
The US Copyright Office announced a new electronic system to designate and search for DMCA safe harbor agents to receive notifications of claimed infringement, and the phase-out of its current, paper-generated directory.
On November 1, 2016, the US Copyright Office announced:
- A new electronic system to designate and search for agents to receive notifications of claimed infringement, as required under the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512(c)(2)).
- The phase-out of its public, paper-generated directory of designated agents.
- Proposed rulemaking to lower fees for designating agents through the online system.
Under the new electronic system, the fee to designate an agent with the Copyright Office will drop from $105 to $6, however:
- All existing designations will need to be re-filed.
- Service providers will be required to renew their designations every three years.
According to the Copyright Office, the new system is designed to encourage service providers to keep their information updated and will make it easier for the public to search for designated agent information.
Before December 31, 2017:
- Any service provider that has previously designated an agent with the Copyright Office will have to submit a new designation electronically through the new registration system.
- The Copyright Office’s current paper filing-generated public directory of designated agents will be phased out.
- The public will need to continue to search the paper generated directory if a service provider is not yet listed in the new electronic directory.
The rule is effective, and the new online registration system will be launched, on December 1, 2016. After this date, the Copyright Office will no longer accept paper designations.
On May 10, 2017, the Copyright Office issued a final rule amending 37 C.F.R. § 201.38, governing the designation of agents, and making non-substantive technical changes to the process by which individuals create system user accounts.