2017

We wanted to remind our readers that, as of January 1, 2018, all paper designation of “notice and takedown” agents will become invalid.  As we have previously written, in order to have a valid “notice and takedown” procedure in the copyright laws (the Digital Millennium Copyright Act), the website owner must designate an agent to receive notices of claimed copyright infringement, and register that agent with the Copyright Office.  The good news is that the cost of the electronic registration is only $6.

Every website owner (called a “service provider” in the DMCA) that is currently registered for DMCA takedown notices with the Copyright Office will need to re-register under the new electronic system by no later than December 31, 2017. Any website owner that does not have a registered agent, but wants the advantages of the “notice and takedown” safe harbor under § 512 of the DMCA should register an agent by December 31, 2017.  (All paper designations will become invalid as of January 1, 2018.)