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Digital Millennium Copyright Act Internet Service Providers (ISPs) Safe Harbors

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

Dorsey & Whitney LLP on

The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Wilson Sonsini Goodrich & Rosati

Will Section 230 and DMCA Translate to the Metaverse?

Wilson Sonsini provides extensive and cutting-edge legal services for innovators, technology pioneers, and disruptors. As part of our focus on emerging technologies, our attorneys are publishing a series on applying and...more

Amundsen Davis LLC

It’s Time to “Get Smart” About the SMART Copyright Act – What it Means for Copyright and Patent Holders

Amundsen Davis LLC on

The Digital Millennium Copyright Act (DMCA) was intended to give copyright owners protection against online infringement and service providers a safe harbor when service users infringe copyrights in works displayed online....more

AEON Law

Patent Poetry: Beware of DMCA Phishing Emails

AEON Law on

While it’s safe to delete and ignore most phishing emails – such as one from a mysterious foreign prince offering you a share of his fortune – it’s a headache to have to worry about whether what appears to be a Digital...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Content Owner

Williams Mullen on

On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act, or DMCA, along with its takedown procedures for content owners. They also review safe harbor...more

Davis Wright Tremaine LLP

Copyright Office Says Courts Have Construed DMCA Too Favorably for Online Providers

In its "first full analysis" of whether Section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is … achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright...more

Fenwick & West LLP

U.S. Copyright Office: DMCA Is “Tilted Askew,” Recommends Remedies for Rightsholders

Fenwick & West LLP on

On May 21, 2020, the U.S. Copyright Office released its first full report—based on 92,000 written comments, five roundtables and decades of case law—on the Digital Millennium Copyright Act (17 U.S.C. § 512). The analysis was...more

Orrick, Herrington & Sutcliffe LLP

Copyright Office’s DMCA Report Raises an Interesting Question: Does a Computer Know What is Fair?

On May 21, 2020, the Copyright Office issued a Report on the DMCA (“Report”) expressing the view that case law applying the DMCA’s safe harbor provision have fallen out of balance, tilting too far in favor of online platforms...more

Fenwick & West LLP

The Time is Now: Renew DMCA-Designated Agent Registrations with the Copyright Office

Fenwick & West LLP on

Starting December 1, 2019, service providers will need to renew their Digital Millennium Copyright Act-designated agent registrations with the U.S. Copyright Office to remain qualified for safe harbor protection. Fenwick...more

Jackson Walker

So Far, So Good? The DMCA Safe Harbors at Twenty

Jackson Walker on

Next month marks the 20th anniversary of an important milestone in new media history with the enactment of the Digital Millennium Copyright Act (DMCA). Signed into law on October 28, 1998, the DMCA was the federal...more

McDermott Will & Emery

No Safe Harbor Shelter for ISP, but No $25 Million Payout Either

McDermott Will & Emery on

Addressing an internet service provider’s (ISP’s) eligibility for the Digital Millennium Copyright Act (DMCA) safe harbor and liability for contributory copyright infringement, the US Court of Appeals for the Fourth Circuit...more

Bracewell LLP

Reminder: Re-Register Your DMCA Agent Designations Before End of Year or Risk Losing Safe Harbor Protections!

Bracewell LLP on

U.S. Copyright Office Goes Paperless for DMCA registered agents; All paper registrations invalid as of December 31, 2017. As you’re making your end of year lists and checking them twice, better make sure you’ve registered...more

Ladas & Parry LLP

DMCA Safe Harbors Will Discontinue for Websites and Internet Service Providers that Fail to Electronically Register their...

Ladas & Parry LLP on

Proprietors of websites that host user generated content and online search engines and directories have long benefitted from the safe harbors available to them under the Digital Millennium Copyright Act (DMCA). These safe...more

Ervin Cohen & Jessup LLP

The Digital Millennium Copyright Act (DMCA) Registration is due by December 31st, 2017

Ervin Cohen & Jessup LLP on

The Digital Millennium Copyright Act (DMCA) is a safe harbor from copyright infringement liability for “online service providers.” An “online service providers” is a website that falls into one of the four following...more

Manatt, Phelps & Phillips, LLP

Dec. 31 Deadline to Preserve DMCA Service Provider Immunity

By Dec. 31, 2017, eligible service providers must use a new online system at the Copyright Office to designate agents to receive Digital Millennium Copyright Act (DMCA) takedown notices. This is true for all eligible service...more

Neal, Gerber & Eisenberg LLP

Reminder: Service Providers Must Comply with New Requirements for Copyright Safe Harbor by December 31, 2017

As we discussed in our previous alert, the deadline for internet service providers to re-register electronically for copyright safe harbor protection is rapidly approaching on December 31, 2017....more

BakerHostetler

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BakerHostetler on

The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that protects appropriately registered online service providers from potential secondary liability for the infringing acts of others. Ironically, in...more

Seyfarth Shaw LLP

December 31, 2017: Last Day To Designate DMCA Agent Or Lose Safe Harbor Eligibility

Seyfarth Shaw LLP on

Starting December 31, 2017, all online service providers (which includes website owners) who want to take advantage of the Digital Millennium Copyright Act (DMCA) Safe Harbor must designate a registered agent with the U.S....more

Nutter McClennen & Fish LLP

Copyright Liability Safe Harbor Treatment Requires Action by December 31, 2017 for Many

Website or information “service providers” who in the past have made hard-copy filings to designate agents to take advantage of the “safe harbor” liability shield provision under the Digital Millennium Copyright Act (DMCA)...more

Morgan Lewis

Don’t Lose Your DMCA Safe Harbor for Copyright Infringement Claims

Morgan Lewis on

The December 31, 2017 deadline for online service providers to reregister designated agents under the Digital Millennium Copyright Act (DMCA) in the US Copyright Office’s new online directory is fast approaching....more

McNees Wallace & Nurick LLC

Deadline to Renew Your Copyright Agent Notice for DMCA Safe Harbor December 31, 2017

If you operate a website or other online service that permits users to post content, listen up. You could be liable for potential copyright infringement if one of your users posts content that infringes a copyright. ...more

Fish & Richardson

Ensure Your Safe Harbor Protection – (Re)Designate Your DMCA Agent This Month

Fish & Richardson on

The Copyright Office has announced a change that requires all internet service providers to re-designate their DMCA agent electronically by December 31, 2017. The Digital Millennium Copyright Act (DMCA) offers a safe...more

Akerman LLP

DMCA Safe Harbor: Registration Required By December 31, 2017

Akerman LLP on

Under certain circumstances, U.S. Copyright Law provides for “safe harbor” protection from liability for copyright infringement to entities (e.g., ISPs and website operators) hosting content provided by third parties. To...more

BCLP

Time is Running Out for Retailers to Register DMCA Agent, Preserve Safe Harbor Protections

BCLP on

Retailers who host third-party content and comments on their websites have until the end of 2017 to register as internet service providers through the new online system in order to preserve their protections under the Digital...more

Fish & Richardson

Calling all ISPs: Your DMCA Agent Must Be (Re)Designated By December 31, 2017

Fish & Richardson on

The Copyright Office has announced a change that requires all internet service providers to re-designate their DMCA agent by December 31, 2017. The Digital Millennium Copyright Act (DMCA) offers a safe harbor to internet...more

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