Many businesses strive for an interactive website, but interactivity brings with it the risk that someone else’s posting will create legal risk. Fortunately, a number of laws help shield the website operator from risk, most important among them the Digital Millennium Copyright Act (DMCA)
The DMCA, or more specifically the DMCA “notice and takedown” procedure, protects businesses from copyright liability for content posted to their website by third parties. Essentially, website owners and operators who register with the US Copyright Office and follow the takedown procedure are granted immunity from copyright lawsuits as long as they were not actively involved in posting from the alleged infringement. This protection can be invaluable, given the potentially high cost of even inadvertent copyright infringement.
Key to DMCA protection is the designation of an agent with the US Copyright Office – without an agent, even companies which follow the procedure are not immune from liability. Under the original system, companies completed a paper form which was scanned and put online. Although it’s called a “directory,” the old list was really just a database of scanned forms, many handwritten and some illegible. Since the designations never expired, designations for long-inactive websites remained online well past the expiration dates of the underlying business ventures. Starting December 1, 2016 there’s a new directory which will replace the previous forms. In order to populate the directory, companies will be required to file electronic designations (along with a new, increased fee) by no later than December 31, 2017, after which all registrations under the old system will expire. Under the new rules, registrations must be renewed every three years.
Some have criticized this as a money grab on the part of the US Copyright Office and, frankly, I tend to agree. That being said, anyone who has ever filled out or tried to read the scanned “Interim Designation of Copyright Agent” has to agree that the procedure was in need of an overhaul. It’s hardly surprising that the government would want industry to pay.
For more information, see the US Copyright office’s website.