Help Ensure DMCA Copyright Infringement Immunity For Subscriber/User Content While Shielding Privacy and Avoiding Spam!
The Digital Millennium Copyright Act contains a safe harbor provision under Section 512 protecting Internet Service Providers from copyright infringement for user content. But, providers are required to designate a person (or an internal position or department or a third party) and provide their full business contact information on their website or app and with the Copyright Office. This means website and app operators risk receiving a ton of unwanted email spam or telephone calls and put their privacy at risk. Designating a third-party DMCA agent means that take-down related communications are made through the contact information listed publicly for your designated agent, and not you or your company/organization as the listed service provider.
Resolving DMCA disputes in a timely manner is also crucial to avoid triggering a copyright infringement lawsuit as an online service provider. Using a third-party DMCA agent service can ensure that important notices of infringement/take-down requests are timely received to prevent nullification of the DMCA safe harbor protection.
For $75 each year (base price), our law firm can act as your DMCA designated agent of record so you or your business can help ensure immunity from copyright infringement by your website/app users under the Digital Millennium Copyright Act. THIS IS NOT A TAKE-DOWN OR IP RIGHTS PROTECTION SERVICE FOR COPYRIGHT HOLDERS. ONLY REGISTER IF YOUR WEBSITE OR APP DISPLAYS THIRD-PARTY CONTENT SUCH AS A FORUM OR PROVIDER PLATFORM.
Why Choose Our DMCA Agent Service?
- We charge a low $75 USD annual service fee to designate our firm as the DMCA designated agent of record per each service provider for up to 50 take down requests per year we receive (unlimited website and apps). (This does not include the applicable initial filing fee, currently $6 per designation, amendment, or resubmission. All fees are non-refundable. We register/create your ISP listing with the U.S. Copyright Office-you do nothing!
- You pay one low fee of $55 in addition to the $75 for every subsequent grouping of 25 take-down requests we receive each year (1 to 25 per group from any website(s) and/or App(s) under your single ISP listing).
- This is a yearly service that will automatically renew so you or your business has one last thing to worry about! You will be charged $75 (or the appropriate renewal fee based on your prior annual take-down volume) each calendar year until you cancel.
- 24-hour communication of any DMCA Takedown Notice Requests. We forward any DMCA take-down requests we receive related to any of your websites or apps as soon as possible. We do not forward any SPAM emails to you.
- We keep it simple-you pay one low fee each year per each grouping of take-down requests we receive .
- We provide our comprehensive DMCA Notice & Take-down Policy template for use on any of your websites or apps, drafted by our law firm. (This policy also addresses repeat infringers, which is required to ensure DMCA immunity.)
**WE WILL NOT ACT AS THE DMCA AGENT FOR ADULT CONTENT WEBSITES AND WE RESERVE THE RIGHT TO REFUSE TO ACT AS A DMCA AGENT FOR ANY ISP AT OUR SOLE DISCRETION.**
**OUR SERVICE DOES NOT INCLUDE ANY EVALUATION OF OR ANY DIRECT CONSULTATION OR COMMUNICATIONS WITH YOU/YOUR ORGANIZATION RELATED TO ANY TAKE-DOWN REQUESTS WE MAY RECEIVE. WE DO NOT FORWARD ANY SPAM OR OTHER EMAILS UNRELATED TO COPYRIGHT TAKE-DOWN REQUESTS OR COPYRIGHT INFRINGEMENT IN CONNECTION WITH YOUR WEBSITE(S) AND/OR APP(S).**
**THIS IS NOT A TAKE-DOWN OR PROTECTION SERVICE FOR COPYRIGHT HOLDERS.**
**THE ADDRESS YOU PROVIDE IN CONNECTION WITH THE SERVICE PROVIDER CANNOT BE A P.O. BOX OR SIMILAR SERVICE OR VIRTUAL ADDRESS. THE ADDRESS YOU PROVIDE MUST BE A “REAL” ADDRESS FOR YOUR BUSINESS (WHERE YOU RECEIVE LEGAL DOCUMENTS AND SERVICE OF PROCESS). FAIL TO COMPLY WITH THIS REQUIREMENT, AND THE SERVICE PROVIDER MAY NOT HAVE THE PROTECTION GRANTED UNDER THE DMCA.**
**OPERATORS WILL BE CHARGED A REQUIRED $6 FILING FEE FOR EACH REQUESTED UPDATE TO A LISTING (ADDING OR DELETING DOMAINS/APPS AND/OR UPDATING ANY ISP INFORMATION)**
**WE DO NOT FORWARD ANY SPAM TO YOU (ANY EMAILS OTHER THAN A TAKEDOWN REQUEST OR OTHERWISE RELATED TO AN INTELLECTUAL PROPERTY VIOLATION ON YOUR WEBSITE/APP**
What Is The DMCA Law & Why Should Website, App or Plugin Operators Care?
Website, app and plugin operators should understand who gets DMCA protection under the law. In a nutshell, any online “service provider” is eligible for protection under the Digital Millennium Copyright Act (DMCA) against copyright infringement liability. But, only if the provider follows certain steps as set forth under the DMCA, such as posting a prominent DMCA Notice & Takedown and Counter-Notice Policy which includes a policy for repeat infringers and naming and registering a DMCA designated agent with the U.S. Copyright Office.
Is My Company/Organization An Online “Service Provider”?
Email providers, search engines, online auction sites, host providers, chat rooms, interactive websites, news providers, etc. are all generally “service providers” that have immunity from liability for copyright infringement under the DMCA. If your online activities fall under one of four listed categories, your company is a service provider and eligible for protection under the DMCA.
Why Does My Website (Or Mobile App or Plugin) Need To Designate A DMCA Designated Agent?
The DMCA requires that website operators name and register a DMCA designated agent with the U.S. Copyright Office in order to receive immunity from third-party copyright infringement claims under Section 512. The express language of the DMCA states:
(2) Designated agent. – The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, substantially the following information:
(A) the name, address, phone number, and electronic mail address of the agent.
(B) other contact information which the Register of Copyrights may deem appropriate.
The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, and may require payment of a fee by service providers to cover the costs of maintaining the directory. [17 U.S.C. 512(c)]
Why Should Online Service Providers Register A Third-Party As The DMCA Designated Agent?
When the public searches for a website or app (service provider) on the DMCA Designated Agent Directory online, he or she would see the name of the service provider and their physical address, but not the service provider email or phone number. Only the full legal name, physical street address (not a post office box) and any alternate names used by the service provider are visible to the public. However, an agent must be designated and that person or organization’s physical address and full contact information (name, phone number, and email) is visible to the public. This can invite all sorts of unwanted attention including becoming the recipient of a ton of spam emails, including when a business ISP keeps its agent designation in-house. The point of designating a third-party DMCA agent is so that any inquiries are made through the contact information listed publicly for your designated agent and not you or your company/organization as the listed service provider. The public would not have a way to contact you or your company/organization other than by physical mail.
More importantly, copyright holders have legitimate legal rights, which are protected under the DMCA. Failure to designate a DMCA agent and respond/act in the manner required under the DMCA Act can result in service provider liability for copyright infringement!
Are Online Service Providers Required To Register A Third-Party DMCA Designated Agent?
No. There is no requirement to name a third-party or use an attorney as a designated agent. You or your company can name an owner, someone within your own organization, or you can name a specific position or department within your company (i.e. “Compliance Manager” or “Compliance Department”), or a third-party individual or entity generally.
Do Foreign Companies Need To Designate A DMCA Agent?
There is no restriction on DMCA protection on foreign companies located outside of the United States. The DMCA is a federal law of the United States and does not apply to companies based outside the United States in general. However, foreign companies that do business with U.S. consumers are subject to U.S. federal laws, which makes DMCA compliance an absolute necessity for online service providers. The DMCA Designated Agent Directory maintained by the U.S. Copyright Office shows that nearly every agent is located in the U.S. International website/app operators understand that they should utilize a local resource to act both as the agent and counsel them in handling copyright claims falling under the purview of the DMCA. DMCA compliance requires taking certain actions on a strict timeline. If you or your company fail to understand the complexities of the law, it can lead to some serious consequences. Copyright infringement damage claims can be quite costly and any website, app or plugin operator should not run the risk of facing the prospect of having to pay an enormous sum for copyright infringement damages.
Do We Respond To Take-Down Notices?
We do not respond directly to any new notices of claimed infringement related to any content on your website and/or app on your behalf. We merely forward any take-down notification we receive to you or your designated representative. If you would like us to discuss appropriate responses to any received notifications and handle the process for each claim as required under the DMCA Act, contact us for a quote.
Can Service Providers List a P.O. Box?
ISPs can petition the Copyright Office in writing for the right to use a post office box for the business address publicly visible. This will only be granted in exceptional circumstances, where there is a demonstrable threat to an individual’s personal safety or security, such that it may be dangerous to publicly publish a street address where such individual can be located. The registration system will NOT allow direct use of a P.O. Box number. Once a listing has been approved, the clerks at the Copyright Office can substitute in the P.O. Box number after receiving notification. We can assist ISPs with the petition.
What about a virtual address/mail forwarding service that does not technically use a P.O. box?
The Copyright Office has concluded that under its current regulations, where a service provider is a natural person and the service is operated by such person from his or her private residence, the street address of a mail forwarding service can qualify as the “physical street address of the service provider” for purposes of 3 7 C.F.R. § 201.3 8(b (I)(i). Accordingly, the street address for a mail forwarding service can be used in lieu of a home address without obtaining a waiver from the Copyright Office.
Does My Website (or App or Plugin) Need To Display A DMCA Policy?
If you are an Internet Service Provider and allow third-party content and want immunity afforded under the DMCA, then YES!
What Are Alternate Names?
Alternate names are all names that the public would be likely to use to search for the service provider’s designated agent in the Copyright Office’s online directory of designated agents, including all names under which the service provider is doing business, website names and addresses (i.e., URLs), software application names, and other commonly used names. Separate legal entities are not considered alternate names. For website addresses, the Office considers providing the top-level domain (e.g., internetlegalattorney.com) sufficient to comply with Office regulations. It is not necessary to list all subdomains operated by the same service provider.
What Are The U.S. Copyright Designated Agent Filing Fees?
The U.S. Copyright Office charges a one-time fee of $6 for a service provider to list their name and a designated agent. There is no longer an additional fee for alternative names (the separate domain names or apps operated by the single service provider). There is now simply a single registration fee per each service provider. However, each separate legal entity (i.e. separate parent or subsidiary entities) are each considered to be a service provider and must pay an additional $6 fee per each separate entity. There are no renewal fees, but a $6 fee is required for any amendment.
What Are The Renewal Requirements?
A service provider’s designation will expire and become invalid three years after it is registered unless the service provider renews the designation by either amending it to correct or update all relevant information or re-submitting it without amendment to confirm nothing has changed.