The Digital Millennium Copyright Act (“DMCA”) includes a “safe harbor” provision which specifies that a “service provider” is not liable for copyright infringement due to the actions of a third-party using the service provider’s facilities (17 USC 512; https://www.law.cornell.edu/uscode/text/17/512).
The Digital Millennium Copyright Act (“DMCA”) provides a “safe harbor” for certain online content providers (a “service provider” in the parlance of the Copyright Office and related laws) from liability for copyright infringement. This can be found at 17 USC 512 (https://www.law.cornell.edu/uscode/text/17/512) and more details are available here. What is often overlooked is that for a service provider to be able to avail itself of the “safe harbor,” the service provider must designate a “Designated Agent” and must register the Designated Agent with the Copyright Office every three years. There were a number of federal copyright cases over the past year that made clear the importance of timely registering works with the US Copyright Office.
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