When preparing to-do lists this holiday season, don’t forget to include protecting your business from infringement liability and securing copyright assets.
In particular, there are two tasks you should complete before 2017 ends.
Task 1: Re-file Your DMCA Agent Registration
Does your company operate a website where third-parties can post their own content, including text, picture, or video? You could be liable for copyright infringement if any content is posted without the copyright owner’s permission.
However, you can get immunity from copyright infringement claims based on content posted by a third party under Section 512 of the Digital Millennium Copyright Act (DMCA). To gain this right, you must designate and register a DMCA agent, who will receive and act on notices of infringement, with the U.S. Copyright Office.
Already registered your DMCA agent? The Copyright Office adopted a new system for receiving the registrations. If you filed your DMCA agent registration before December 1, 2016, then you need to re-register before December 31, 2017 for it to remain effective. Those who fail to do so will lose safe harbor protection – even if they previously qualified.
If you need help re-filing your DMCA agent registration, reach out to the Marks Gray Intellectual Property team. We’re happy to help!
Check back next Thursday for the second copyright task you should complete before year-end.