The author Rita Mae Brown once observed, “If it weren’t for the last minute, nothing would get done.” If you operate a website that includes user-generated content and you haven’t registered a DMCA agent with the Copyright Office’s new electronic system, that last minute is quickly approaching.
You can find more information about how to register (or re-register) in our previous blog post. Those who have never registered a DMCA agent should do so immediately. Those with existing registrations under the Copyright Office’s old system of registration must re-register in the new electronic system by December 31, 2017.
Failure to register a DMCA agent can strip your company of DMCA section 512 safe harbor protections—opening your company up to liability for user-generated content that violates copyright laws.
If you’ve never registered a DMCA agent before and have never dealt with copyright infringement claims before, you may be inclined to wait to register until the issue becomes ripe. This isn’t a good idea, as a number of courts have refused to retroactively apply DMCA safe harbor protections for infringement claims arising before registration. The new electronic registration process is affordable and easy. So register now!
