Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: October 23, 2017
The Firm
201-896-4100 info@sh-law.comThe U.S. Copyright Office’s new electronic system to designate and search for agents to receive notifications of claimed infringement under the Digital Millennium Copyright Act (DMCA) is now live. Most importantly, by December 31, 2017, service providers are required to designate an agent under the DMCA using the new online system.

The requirement applies even if a designation was previously made under the old system. At the end of the year, the paper system will cease to exist and any designation not made through the online registration system will expire and become invalid.
As discussed more extensively in a prior article, Section 512 of the DMCA provides safe harbors from copyright infringement liability for online service providers that are engaged in specified activities and that meet certain eligibility requirements. In order to qualify for safe harbor protection, certain kinds of service providers—including those that allow third parties to post or store material on their systems, and search engines, directories, and other information location tools— must designate an agent to receive notifications of claimed copyright infringement.
To designate an agent, a service provider must make certain contact information for the agent available to the public on its website. They also need to provide the same information to the Copyright Office, which maintains a centralized online directory of designated agent contact information for public use.
Under the prior regulations, registration was only required once and service providers paid a one-time fee. However, the Copyright Office determined that businesses were not keeping their designations accurate by timely updating information when it changed.
Under the new DMCA regulations, service providers must also renew their registration every three years. The agent designation will expire unless the service provider renews it by either amending it to correct or update all relevant information or by resubmitting it without amendment to confirm the designation’s continued accuracy.
The Copyright Office’s electronic system went live on December 1, 2016, and the agency no longer accepts paper designations. According to the agency, the new system is easier to use and imposes lower agent registration fees for service providers.
In its own reminder about designating a DMCA, the U.S. Copyright Office highlighted that it is continuing to add new features to the electronic system. Its latest release added the following:
Of course, the new system has one catch — businesses that previously designated an agent through a paper submission must complete a new designation using the electronic system by December 31, 2017.
Because service providers that fail to maintain accurate information may not satisfy the statutory requirements necessary for DMCA safe harbor protection, forgetting to maintain or renew an agent designation could lead to costly and unforeseen liability. It is imperative for businesses to file their agent designations before the December 31, 2017 deadline and create procedures for ensuring timely renewals in the future.
If you have any questions or if you would like to discuss your copyright, trademark, or patent legal needs, feel free to contact me, William Samuels, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!