No More Procrastinating. Register That DMCA Agent Now!

Published On October 25, 2017 | By Anna Hsia | General

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!

 

About The Author

Anna Hsia maintains a diverse practice litigating complex business disputes and counseling clients on privacy issues. With broad litigation experience in unfair competition, false advertising, class actions, and other complex litigation, Anna guides clients through disputes in federal and state courts. As a Certified Information Privacy Professional, Anna has assisted clients with product development and compliance with privacy regulations such as the TCPA, HIPAA, COPPA, state-specific privacy regulations, the Gramm-Leach-Bliley Act, and the Fair Credit Reporting Act.

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