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Intellectual Property

Client Advisory – Copyright Office Issues Important Rule on DMCA Agent Registration

The U.S. Copyright Office has issued a new rule that has important implications for our clients.

In order to avoid possible claims of copyright infringement based on user generated content, website owners rely on the Digital Millennium Copyright Act (the “DMCA”). The DMCA imposes strict requirements on website owners, and failure to comply with even one of these requirements will result in the loss of protection.

One requirement is that the website register an agent with the Copyright Office. The contact information contained in the registration allows copyright owners to request a “take down” of the copyright owner’s content.

The Copyright Office is revamping its agent registration system, and as part of this process it is requiring website owners to re-register their DMCA agents by the end of 2017, and re-register every three years thereafter.

The Advisory describes this rule in more detail. It can be viewed here.