I.Introduction: A DMCA Agent needs to be appointed by any web site that allows third celebration customers to add any kind of content material. This consists of “tube” websites, courting websites, promoting networks, hosts, boards, cam websites, and so forth. As Digital Millennium Copyright Act legal professionals, we are sometimes requested to help purchasers with the method of designating a DMCA agent with the U.S. Copyright Workplace, and aiding with the method of building DMCA “safe harbor” safety. II.What’s the DMCA? In 1998, Congress handed the Digital Millennium Copyright Act (“DMCA”). One of the controversial and litigated components of the DMCA is its “secure harbor’ protections. Copyright holders are inclined to hate it, whereas web site operators that enable posting of third celebration content material view it as important to survival of their enterprise mannequin. Digital Millennium Copyright Act secure harbor is turning into an important defensive instrument within the arsenal of web site operators.
III.Which Web sites Qualify for DMCA Secure Harbor? Many web site operators don’t notice that the kind of service they supply impacts their obligations and potential protections beneath the Digital Millennium Copyright Act. The DMCA defines a “service provider” as any entity providing transmission, routing, or offering connections for digital on-line communications or different on-line networking companies. Boiled down, primarily any entity that enables customers to submit content material on its net servers. Many on-line companies can achieve authorized safety by designating a DMCA Agent. IV.How Does a Web site Set up DMCA Secure Harbor Safety? Web site can solely declare DMCA Agent safety if it takes sure steps: 1 – Establish and Designate a DMCA Agent 2 – Accommodate technical measures to guard copyrighted works 3 – Undertake and Implement a Repeat Infringer Coverage (“RIP”) First, the OSP should designate the identify and make contact with data of an agent who can be liable for receiving any infringement notices from copyright house owners (i.e., a “DMCA Agent.”) As soon as a DMCA Agent is employed, the OSP should file a public discover of designation of agent with the U.S. Copyright Workplace, together with the required submitting payment. Subsequent, the OSP should undertake an RIP that gives for terminating the accounts of customers who repeatedly infringe on one other’s copyright beneath “appropriate circumstances.” The OSP should inform its clients of the RIP and “reasonably implement” it as properly. Whereas no court docket has definitively described how a legally-compliant RIP ought to look, all have agreed that even-handed implementation of the RIP is necessary. Conclusion: If a DMCA Agent shouldn’t be correctly designated, secure harbor will be misplaced. This can lead to a judgment in opposition to the web site operator for cash damages. A reliable Digital Millennium Copyright Act lawyer may help with submitting a correct Designation of Agent, and establishing the opposite components of DMCA secure harbor.
