The Copyright Office yesterday issued a reminder, here, that their electronic system for “designated agents” of Internet service providers – those who are to receive notice of any claimed infringing content posted on a service provider’s site – is active and all services must register in that system by December 31 for
The Copyright Office is scheduled to publish in the Federal Register tomorrow an extension of time for parties who wish to comment on the Request for Additional Comments in its study of Section 512 of the Digital Millennium Copyright Act, the “safe harbor” for those Internet Service Providers who host websites or run networks on…
The Copyright Office’s new system for registering designated agents for the service of take-down notices when it is believed that user-generated content infringes on intellectual property rights has now gone live. The Copyright Office issued a reminder, here, that all new registrations of agents for the service of these take-down notices must now be submitted in this new electronic system. We wrote more here about the new system and the new requirements for registration, including the requirement that all who are already registered on the old paper forms must re-register in the new system by December 31, 2017. This is important for all media companies who allow third-party users to post content on their sites – whether that content is written articles, photos, videos, music or any other material that could infringe on anyone’s rights under the Copyright Act. Registration is a pre-requisite of getting “safe-harbor” protection for companies who host such third-party content under Section 512 of the Digital Millennium Copyright Act. We discussed this issue in my seminar yesterday on legal issues for broadcasters in digital and social media, the slides from which will be posted shortly.
On Section 512, the safe harbor for those who host user-generated content, the Copyright Office last month issued a Request for Additional Comments in its study of the safe harbor. The safe harbor provides that, if an Internet service provider follows certain rules including the registration of an agent for take-down notices, and some unrelated party uses the service and posts or transmits unauthorized copyrighted material, the service has no liability. Exactly what requirements the service needs to observe depends on the type of the service. ISPs, who provide a mere conduit for material transmitted by others have one set of rules, while companies (including most media companies) that allow content to be posted on their sites to be viewed by the public, have another set of rules that place more obligations on these companies, including avoiding any steps to encourage the posting of infringing content, taking down infringing content of which they have actual notice or for which they have been received an uncontested take-down notice, and otherwise not affirmatively profiting from such infringing content. As part of its role of advising Congress on copyright issues, the Copyright Office began a study of the Section 512 exemption a year ago, which we wrote about here. Congress has also held hearings on the matter, and may well try to tackle it in its reform of the Copyright Act that is supposed to be in the works after the new Congress convenes in 2017. Last month’s request for additional comments suggests just how difficult that the reform of this section will be.
Continue Reading Copyright Office New Electronic Registration for Designated Agents for Take Down Notices Goes Live – and The Office Asks for More Comments on Assessing The Section 512 Safe Harbor for User-Generated Content
Section 512 of the Copyright Act provides a safe harbor for Internet service providers whose systems are used to transmit content created by third parties which infringes on copyrights. The provisions apply not only to common-carrier like services that merely transmit third-party content, but also to websites and other digital services that allow users to post material onto the service provider’s own sites – services like YouTube or Facebook whose very businesses are built on the ability of individuals to posting material on their sites. We’ve written about the safe harbor recently (see our articles here and here). The safe harbor requires, among other things, that the service provider not encourage the posting of infringing content on the site, but also that it take-down infringing material found on the site, and that it provide a “Designated Agent” for service of “take-down notices” – requests from copyright holders that infringing material be taken down from the site. That agent must be identified both on the website of the service and registered with the Copyright Office. The Copyright Office today announced rules for a new electronic system for registering such Agents.
We wrote about the Copyright Office’s proposal advanced 5 years ago for the new system, and it appears that it has now become a reality. Currently, service providers register a Designated Agent on a paper form filed with the Copyright Office, which the Copyright Office scans as a PDF file that is uploaded, individually, onto the Copyright Office’s website. Many felt that this system was clumsy and did not provide the information necessary for the take-down system to work efficiently, as it was difficult to search and was often full of outdated information. The new electronic system adopted by the Copyright Office and effective on December 1, is expected to remedy many of these complaints.
Continue Reading Copyright Office Announces Rules for New Electronic Filing System for Service Provider’s Designated Agents for Take-Down Notices Under Section 512 Safe Harbor for User-Generated Content