Cybertelecom Federal Internet Law & Policy An Educational Project

IP: DMCA: Designated Agent

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In order to have a defense where the service provider stores or host content, the provider must

• name an agent for service of process
• make the name, address, phone number, and e-mail address available on the provider’s website, and
• Examples (inclusion on this list does not indicate that the example notices in fact are compliant with the law):
  • Cornell University
  • Earthlink
  • MAIN
  • National Academies
  • North Dakota Higher Education Computer Network
  • University of Missouri
• file this information with the U.S. Copyright Office
• Mail Address:

Copyright GC/I&R
P.O. Box 70400, Southwest Station,
Washington, D.C. 20024

• By Hand Address:
  Public Information Office of the Copyright Office,
  Room LM-401,
  James Madison Memorial Building,
  Library of Congress,
  101 Independence Ave. S.E.,
  Washington, D.C. 20559-6000

between the hours of 9:00 am and 5:00 pm.

[17 U.S.C. § 512(c)(2); 37 C.F.R. § 201.38: Designation of agent to receive notification of claimed infringement.]

There is a filing fee which was $30 at the time of the writing of this article, payable to the Register of Copyrights. The Library of Congress does not review the forms for accuracy; acceptance of the forms for filing does not constitute a judgment by the Library of compliance with the DMCA.

• The list of designated agents.
• Library of Congress Forms.

Proceedings

• Electronic System for Designating Agents under DMCA Launched Today Issue No. 642 - December 1, 2016 Copyright Office
• Copyright Office Announces Electronic System for Designating Agents under DMCA Issue No. 640 - October 31, 2016 Copyright Office
  • The United States Copyright Office has completed development of a new electronic system to designate and search for agents to receive notifications of claimed infringement, as required under the Digital Millennium Copyright Act (DMCA). Accordingly, the Office is publishing a final rule in the Federal Register tomorrow to implement that system, replacing an interim rule that the Office had adopted after the DMCA’s enactment. A prepublication version of the rule is available for public inspection here. The rule is effective on December 1, 2016, the date that the new online registration system and directory will be launched. In the meantime, users can begin to acquaint themselves with the new system by watching the video tutorials available here. Any service provider that has previously designated an agent with the Office will have until December 31, 2017, to submit a new designation electronically through the new online registration system.
• Notice of Proposed Rulemaking, Designation of Agent to Receive Notification of Claimed Infringement, Library of Congress
  The Copyright Office is issuing this Notice of Proposed Rulemaking to solicit public comment on proposals to update its interim regulations governing the designation by online service providers of agents to receive notifications of claimed copyright infringement as provided for in the Copyright Act.
  DATES: Written comments are due November 28, 2011. Reply comments are due December 27, 2011.

Links

• LOC  Designation by Service Provider of Agent for  Notification of Claims of Infringement
• "The Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the copyright law to provide limitations for service provider liability relating to material online. New subsection 512(c) of the copyright law provides limitations on service provider liability with respect to information residing, at direction of a user, on a system or network that the service provider controls or operates, if the service  provider has designated an agent for notification of claimed infringement by providing contact information to the Copyright Office and through the service provider’s publicly accessible website. 17 U.S.C. 512(c).

  "The Copyright Office has published requirements by which a service provider may designate an agent to receive notifications of claimed infringement. Due to the necessity of having regulations in place upon enactment of the law, the Copyright Office is not requesting public comment at this time, but will provide notice and opportunity for comment before promulgating final regulations."  -- LOC: Designation by Service Provider of Agent for  Notification of Claims of Infringement

• Directory of agents

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