Insight

Gunster's technology & emerging companies law practice

Providers of online services or network access, including all website providers and providers of internet access and online forums, among others, that desire to take advantage of the safe harbor protections of the Digital Millennium Copyright Act must comply with its new electronic filing requirements as of Dec. 1, 2016.

The DMCA provides certain protections from copyright infringement liability for certain online service providers based on a framework of specified safe harbor provisions and procedural requirements.

To take advantage of the DMCA safe harbor for copyright infringement liability, these providers must designate an agent to receive notices of copyright infringement and notify the U.S. Copyright Office of this designation, among other things.

As of Dec. 1, 2016, the Copyright Office will no longer accept paper-filed agent designations in connection with the DMCA, and parties that previously designated an agent with the office via a paper filing have until Dec. 31, 2017, to submit new registrations through the electronic system or lose their safe harbor protection under the DMCA.

Please be sure to electronically submit your new registration by Dec. 31, 2017, and to contact any member of Gunster's technology law team should you wish to discuss these requirements, the DMCA generally, or any other related issues.

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