Copyright Office Proposed Rulemaking on Designation of DMCA Agents For Takedown Notices

By Paul Fakler
Title 17 | Article Link

The Copy­right Office has announced a pro­posed rule­mak­ing to update the pro­ce­dures and require­ments for online ser­vice providers to des­ig­nate an agent to receive notices of copy­right infringe­ment under the DMCA safe har­bor provisions.

One of the key pro­posed changes is the Office’s move to elec­tronic fil­ing of the des­ig­na­tions, which would be stored in a pub­licly acces­si­ble online data­base. This would be a great improve­ment over the cur­rent paper-based sys­tem. The Office also pro­poses requir­ing each online ser­vice provider to ver­ify the accu­racy of the des­ig­na­tion every two years, and allow­ing OSPs to del­e­gate main­te­nance of the des­ig­na­tions to third par­ties. There are lots of other pro­posed changes (and lots of new pro­posed fees), and spe­cific requests for pub­lic input.

The Office has pub­lished pro­posed new reg­u­la­tions, and is seek­ing pub­lic com­ments, which may be sub­mit­ted at the Copy­right Office web­site.

Here is a copy of the Notice from the Fed­eral Reg­is­ter, with all the details:

DMCA Agent Proposed Rulemaking