If your website allows users to post material, such as photos or comments, then you could be liable if that material infringes someone else’s copyright – even if you have no idea that the material is infringing.
There are, however, some precautions you can take to reduce your risk. To be eligible for the so-called “safe harbor” provisions of the Digital Millennium Copyright Act (DMCA), your website must identify an agent to receive notifications from third parties of claimed copyright infringement. In addition, that agent must be registered with the Copyright Office.
Even if you’ve already registered an agent, you’ll need to register again, because the US Copyright Office has created a new online system, and all designations submitted on paper will expire on December 31, 2017.
In addition, designations will need to be renewed every three years. Although this may sound like a hassle, there is good news too: Fees for registration have decreased dramatically, from $105.00 per registration to $6.00 per registration.
Generally speaking, the safe harbor provisions apply only if the material is made available online by someone other than the service provider and the service provider doesn’t modify the content in any way.
If the service provider has the ability to control that content, it must receive no financial benefit directly attributable to the infringing content.
In addition, the service provider must not have actual knowledge of the infringement or of facts that would make the infringement apparent, and it must promptly remove (or disable access to) the infringing material when it learns of an alleged infringement.
Furthermore, the service provider must have appropriate policies and systems regarding receipt of notices of claimed infringements, reinstatement of content, and repeat infringers.
Please feel free to contact us if you need any assistance with registering a DMCA agent or creating appropriate policies for compliance with the DMCA safe harbor provisions, or if you have any questions about the DMCA.
