As previously reported, last year the Copyright Office introduced a new electronic process through which online service providers must file their designation of agent pursuant to the Digital Millennium Copyright Act (“DMCA). Under the old, paper-based filing system, designations remained valid indefinitely unless replaced or affirmatively withdrawn. However, as part of the transition into the new electronic system, service providers who previously filed a paper DMCA agent designation are required to re-file no later than December 31, 2017, in order to maintain their eligibility for safe-harbor protections. After December 31st, all previously filed paper designations will be invalidated. (Note also that, under the new system, filings will need to be renewed every three years. Please see our previous post for more details on the changes made by the Copyright Office as part of last year’s update.)
If your company has not already filed a new DMCA designation through the electronic system, the time to do so is right now. (If your company is an online service provider that hosts user-generated content and has not previously filed a DMCA agent designation, paper or otherwise, it is always a good time to come into compliance with the DMCA’s safe-harbor requirements.) You can find out more about the new filing system by visiting the Copyright Office’s website or contacting the attorneys of InfoLawGroup.