User-generated content is wonderful stuff. Massive fortunes have been built on its back as we can see with the Facebooks and Twitters of the world. With the good comes the annoying, which in this case means coming up with a method for dealing with the massive amount of content users can upload to a site. Many businesses use moderators as a solution. If you do, it may be time to reconsider given a recent appellate ruling suggesting the use of moderators waives the safe harbor immunity provided under the DMCA. [Read more…]
The Copyright Office launched a new online DMCA Agent registration system on December 1, 2016. While the new system has gone through some growing pains, it represents a vast improvement over the old paper application process that took months. However, many companies, particularly small businesses, are finding the new regulations come with some unfortunate surprises. One ugly surprise is businesses registering an agent must list their “real” business address in the online database as well as on their site or app. That’s right. You can no longer use a post office box or similar service as the business address, which so many people working from home have done in the past. [Read more…]
The Digital Millennium Copyright Act [“DMCA”] is a foundational law of the Internet. The Copyright Office launched a new DMCA agent registration system on December 1, 2016, which contains traps for unwary businesses. Let’s take a look at how to avoid the minefield. [Read more…]
If you allow users to post anything to your online platform, you should take advantage of the Digital Millennium Copyright Act. Online businesses that comply with the “DMCA” are given immunity from copyright infringement lawsuits based on content uploaded by users. A “get out of jail card” free? Oh, yes.
Registering a DMCA agent with the United States Copyright Office is one of the compliance steps required by the DMCA. Fail to take this step, and you lose the protection of the DMCA as seen in cases such as this one and this one. Don’t make this mistake! Seriously. You’ll be screwed. [Read more…]
After years of threatening to bring its DMCA agent registration system into the digital age, the Copyright Office is finally ready to take advantage of this new Internet thingy. On December 1, 2016, anyone seeking the safe harbor protections of the Digital Millennium Copyright Act will be required to register their DMCA agent using a new online system.
The Slow Burn
The DMCA is the primary law for dealing with copyright issues online. Given this, one might think it logical that the Copyright Office would already have an online system for handling any and all DMCA filings. [Read more…]