Written by: Susan Neuberger Weller
The Digital Millennium Copyright Act (DMCA), signed into law October 28, 1998, added Section 512 to the US Copyright Act limiting the liability of online service providers for copyright infringement. Basically, the law exempts from liability online service providers on whose sites third-party users store, post, or otherwise place various types of infringing material if the provider had no knowledge of the infringing activity, if it expeditiously removed the infringing material once the infringement became known to it, and if the provider did not receive a direct financial benefit from the infringing activity. In order to benefit from these “safe harbor provisions” of the DMCA, a service provider must meet all the requirements of the law. One of these requirements is that the service provider must designate an agent to receive notifications of claimed infringements. The contact information for the designated agent must be sent to the Copyright Office and must be posted on the service provider’s website in a location accessible to the public. The one page forms created for this purpose can be found on the Copyright Office website, but service providers may use their own form as long as it includes all of the required information. Complying with this designation of agent requirement is not rocket science. However, failing to comply may set off unnecessary and expensive fireworks. Continue Reading OSPs: Are You Sure You Are Safely Within the DMCA Safe Harbor?