Intellectual Property, Information Technology & Cybersecurity

Authors: Robert Van Arnam & Dirk Lasater

The U.S. Copyright Office issued a rule change to the Digital Millennium Copyright Act (“DMCA”) § 512 safe harbor provision that affects the rights of online service providers that are new to the DMCA system or those that designated a DMCA Agent prior to December 1, 2016.  Both types of providers must designate (or re-designate) a DMCA Agent with the Copyright Office on or before December 31, 2017. 

The DMCA provides a safe harbor from copyright infringement liability for online service providers (including related or affiliated providers that are separate legal entities, each of which must have its own separate Agent designation) that host user generated content on those providers’ systems or websites.  17 U.S.C. § 512. 

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