Vital information from the law firm of Garvey Schubert Barer that is relevant for anyone that includes 3d party content (photos, artwork, text, etc.) on your website or permit others to post such materials.
If so, you need to renew your Designation of Copyright Agent filing with the Copyright Office by 12/31/17. This is required in order to qualify for the safe harbor under the DMCA, which protects qualifying internet service providers from claims of third party copyright infringement if they timely register and follow certain steps upon receiving notice of a claimed infringement. To register or to get more information, visit https://www.copyright.gov/dmca-directory/.
This requirement is new this year. Even if you previously filed in a Designation of Agent to Receive Notice of Claimed Infringement in hard copy with the Copyright Office, you must re-register electronically by the end of the year. You must also keep the copyright agent designation current, and re-file the Designation every 3 years.
In addition to filing with the Copyright Office, to qualify for the safe harbor, you need to post on your website your copyright agent contact info in case anyone needs to send you a takedown notice. The conditions on obtaining the safe harbor are set forth in the attached “DMCA page” and “Notice and Takedowns” memo.
In addition, because there has been so much in the trade press about copyright infringement suits over the improper use of photographs, also attached is the GSB memo on the Use of Photographs.