On Sept. 28, 2011, the Federal Register published the Copyright Office’s Notice of Proposed Rulemaking (NPRM) and request for comments on a proposal for a new system to register agents designated to receive take-down notices under the Digital Millennium Copyright Act (DMCA). The DMCA protects online service providers (include website owners) from copyright liability for content created by site users unaffiliated with the service provider if they abide by certain provisions of the Act, one requirement of which is to register an agent to receive notices of alleged infringement from copyright owners. This safe harbor from copyright liability is important to all service providers and website operators who allow “user-generated content” to be uploaded onto their services as, without such protections, potential liability issues would stifle the development of this type of platform.

The NPRM proposes to move to an electronic agent registration system. This system will provide for quicker registration by users, and more accessibility to information by copyright holders. The system will also request verification of the registered information on a regular basis to ensure that it remains accurate. If adopted, this system would also require all current service providers to establish an online account with the Copyright Office and re-register their designated agents. This re-registration would be accompanied by a fee, as would all subsequent updates.