![]() ![]() ![]() If you have questions on how to fully comply, contact an attorney who regularly handles these matters. Courts have refused to bestow this liability protection where companies have not strictly complied. The online service provider must strictly comply with all of the requirements of the DMCA. This protection does not happen automatically. The DMCA is a powerful tool for online service providers to avoid liability for infringement for content posted by its users. Among other things, the DMCA agent contact information must be prominently disclosed on the website, timely removing or disabling access to infringing material must occur in response to a proper DMCA takedown notice, and the service providers must adopt and reasonably implement a policy to terminate repeat infringers. While the foregoing are necessary conditions, other steps must also be taken to benefit from the safe harbor. The registration system will send out a series of reminder emails at various intervals before the service provider’s renewal deadline.įailure to comply with these requirements will result in a loss of entitlement to the DMCA safe harbor protection. Failure to timely renew designations will result in expiration and ineligibility for safe harbor. To ensure accuracy, service providers must renew and resubmit agent designations at least every three years. Renew your designations every three years.Box may now be used for a service provider’s agent. While service providers must continue to provide a physical address for registration, a P.O. You may designate an agent either by name or by position or title. Section 512(c) specifies that to invoke safe harbor the service provider must provide ‘‘the name, address, phone number, and electronic mail address of the agent.’’. The system is designed to allow names to be uploaded in bulk using an Excel spreadsheet. Service providers must also list all alternate names that the public would be likely to use to search for the service provider’s designated agent, including d/b/a names, websites, software application names, and other common names. Service providers will be required to provide contact information similar to the paper system. ![]() Once a registration account has been created, you may log into the account to register service providers with the Office. However, related companies that are separate legal entities, such as a parent and subsidiary, are considered separate service providers that must register separately to take advantage of the safe harbor. A single account can be used to register and manage designations for multiple service providers (e.g., a parent company may manage designations for its subsidiaries through a single account). On December 1, go to /login.html to create an online account with the Copyright Office that will be used to log into the system and register service providers and agent designations.
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