What is DMCA? When should you designate a DMCA agent? OMG, you haven’t already? Ahhh, we’re all gonna die! Run for your life! [Sorry about that. Probably shouldn’t have gone with the triple expresso.]
I am just kidding. In this video with over $25 million in special effects, we look at the question that great minds such as Plato and Einstein failed to answer.
Agent, DMCA Agent
Haven’t launched your site or app yet? The good news is there is no rush to designate the agent. You just need to do so before the platform goes live. If you are allowing third parties to post to it during a beta testing phase, then getting your agent in order before the testing can be a smart move. One never knows what beta testers will get up to.
How long does the process take to establish the agent and meet the requirements of the law? The answer depends on who is handling the process. If you retain us as your agent, we can get you set up in an hour or so including the registration with the Copyright Office. If you are going to act as the agent, then it will probably take a bit longer as you try to figure out the steps and how to go about accomplishing each of them. Instead of just submitting an application to the Copyright Office, for example, you have to first open an administrative account for reasons that baffle the mind and so on.
Allow me to add a quick word on DMCA anonymity. Many writers suggest you can use the DMCA anonymously. Uh, no. When complying with or using the DMCA, assume your identity can be discovered.
If you have already launched your site or app, the time to select and get your agent taken care of is…now! The DMCA safe harbor immunity does not apply until all the agent is chosen, registered with the Copyright Office, and published on your site or app. Case law is clear on this issue, so don’t procrastinate.