The Copyright Office has announced a change that requires all internet service providers to re-designate their DMCA agent by December 31, 2017.

The Digital Millennium Copyright Act (DMCA) offers a safe harbor to internet service providers (ISPs) for certain claims of copyright infringement.  In exchange for this safe harbor, the DMCA requires ISPs to appoint an agent to receive notifications of claimed copyright infringement.  To properly designate an agent, ISPs must (1) make the agent’s contact information publicly available on the ISP’s website and (2) provide the Copyright Office with the agent’s contact information.  The DMCA requires an ISP to maintain the same information both on the ISP’s website and at the Copyright Office.

While the Copyright Office has long used a paper-based system through which agents were designated, it introduced an electronic registration system in December 2016 and is requiring a re-designation of all DMCA agents via this online system. Previously filed paper designations will continue to be effective until the ISP has registered using the new online system or through December 31, 2017, whichever is earlier.  Failure to designate an agent with the Copyright Office may result in a loss of safe harbor protection from claims of copyright infringement. Further, companies must renew their agent designations every three years.

To register your agent, see here: https://www.copyright.gov/dmca-directory/.

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