U.S. Copyright Office Announces New Rule Governing Designation of Copyright Agents
December 16, 2016
Authored and Edited by Margaret A. Esquenet; Naresh Kilaru; Julia Anne Matheson
The Digital Millennium Copyright Act protects eligible internet platforms from secondary liability for copyright infringement under the “safe harbor” of 17 U.S.C. § 512. One condition of safe harbor protection is that any platform seeking protection must designate one or more copyright agents with the U.S. Copyright Office to receive notices from copyright owners claiming infringement. Recently, the Copyright Office announced a new rule governing designation of such agents to receive notification of claimed infringement. Specifically, the Copyright Office is moving from a paper system to a searchable, electronic database of designated agents. All internet platforms seeking continued safe harbor eligibility must update their designated agent information in the new database. Designation of agents under the new system began on December 1, 2016 and agents must be re-designated by December 31, 2017.
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