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The U.S. Copyright Office now requires Internet service providers to file electronically with the USCO to maintain their “safe harbor” immunity under the Digital Millennium Copyright Act (17 U.S.C. § 512) for hosting infringing third-party content. On Nov. 1, 2016, the USCO published a final rule in the Federal Register (81 Fed. Reg. 75,695, codified at 37 C.F.R. Pt. 201) that requires DMCA “service providers” to e-file information about their agent that is designated to receive “takedown notices” from complaining content owners.

As a reminder, ISPs can immunize themselves from money damages for infringing user-generated or other third-party content posted on their websites if they comply with 17 U.S.C. § 512(c). Section 512(c) protects all qualifying ISPs, ranging from Yahoo or YouTube to basic corporate websites that allow user interaction. It protects an ISP that (i) promptly removes infringing material after a content owner complains to its designated agent and (ii) posts publicly and registers its designated agent at the USCO.

As the DMCA was enacted in 1998, ISPs have made paper USCO registrations of their designated agents for years. Now, all ISPs – even those with paper registrations already on file at the USCO – must electronically register at the USCO and renew every three years. As of Dec. 1, 2016, the USCO will no longer accept paper DMCA agent filings. Paper filings made before that date will be effective until the earlier of Dec. 31, 2017 or when the ISP electronically registers. Any ISP that fails to register on time will lose its Section 512(c) immunity until such filing is made.

The final rule goes into effect on Dec. 1, 2016. Click here for the USCO announcement and here for USCO video tutorials on the new system. (We note that, as of this writing, the USCO website was experiencing technical difficulties with the e-registration system.)

For more information about the new rule or the DMCA in general, please contact Lori Lesser ([email protected]), Chris Sprigman ([email protected]) or Cecillia Xie ([email protected]) in the Firm’s New York Office or Jeff Ostrow ([email protected]) in Palo Alto.