Registered Agents Under the Digital Millenium Copyright Act


Pryor Cashman Partner Jeffrey C. Johnson has authored a Legal Update entitled “Registered Agents Under The Digital Millennium Copyright Act.”

In his update, Johnson notes that one of the Act’s most practical and useful changes is the infringement safe harbor offered to online services providers (“OSPs”) which protects them from claims of copyright infringement in several circumstances, the most useful of which may be the safe harbor (the "Section 512(c) Safe Harbor") afforded OSPs who store material on their website "at the direction of a user." Simply put, assuming various procedural and factual requirements are met, the Section 512(c) Safe Harbor can be used to insulate an OSP from liability for infringement claims if the infringing material is posted on the OSP's website by one of its users.

A procedural predicate to taking advantage of this safe harbor, however, is that the OSP designate an agent to receive notices of claimed infringement, and that information about the designated agent be provided to the U.S. Copyright Office, where a registry of designated agents is maintained. In his update, Johnson focuses on the requirements and ramifications of such registered agents.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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