«

»

Nov 01 2016

New Copyright Regs Could Screw Website Owners: Seriously, Beware!

From the Electronic Frontier Foundation comes this news: Under a new rule from the Copyright Office, website owners could be exposed to massive risk of copyright liability simply for neglecting to submit an online form on time. The rule could eliminate the safe harbor status that thousands of websites receive under the Digital Millennium Copyright Act (DMCA).

Current law (17 U.S.C. § 512, which was enacted as part of the DMCA) protects the owners of websites and online services from monetary liability based on the allegedly infringing activities of their users or other third parties. Owners must meet many requirements in order to be eligible for that protection, including participating in the notice-and-takedown procedure for allegedly infringing content.

They also must register an agent with the Copyright Office, someone who can respond to takedown requests and other communications. The Copyright Office rewrote the registration process this week, requiring everyone to re-register before December 31, 2017, and renew that registration every three years. When website owners inevitably forget to renew, copyright holders will be able to take advantage of that mistake to hold them liable for their users’ infringing activities. In fact, it will be trivial for abusive copyright holders to use the Copyright Office’s own system to compile lists of sites at risk.

copyright logoHere’s what this means for website owners that allows users to post content on their site. Under the DMCA, If some knucklehead-third-party puts up a picture or a poem or a movie clip on your site without the copyright holder’s consent your site is entitled to notice and an opportunity to take the offending work down before you become liable. But if you don’t fulfill all of the DMCA’s requirements or if your registration lapsed, you could be liable for copyright infringement. And unless you think this is some rare event, I can tell you form experience that copyright trolling entities are licking their lips in anticipation of the free bounty the Copyright Office just unleashed. Many web owners will be unaware that their DMCA registration is invalid because many of them might not even be aware of the law or that they even have a registered DMCA agent since they used some web developer to put up their site four years ago and haven’t thought much about it since. We have helped so many website owners used their DMCA protection to avoid trolling claims over the years. In light of this announcement we will be sending out a mass email reminder to our website clients to renew their DMCA registrations before the deadline.

I was going to further explain the impact this needless new rule will have but the EFF said it best:

What’s truly frightening about this rule is who it’s likely to affect the most. YouTube and Facebook will be fine. It’s small companies, small nonprofits, and activist groups that are at risk—the same groups that are most poorly poised to fight copyright infringement suits. As we told the Copyright Office earlier this year, DMCA 512 already imposes a long list of conditions on service providers, and we’ve seen many well-meaning service providers lose their status over technicalities. Requiring providers to commit to updating their registrations indefinitely is a step too far.
Safe harbors are an essential part of how the modern Internet works. Any proposal that either weakens safe harbor protections or piles more responsibilities on participants requires extra scrutiny. We fear that this new rule will lock out precisely the organizations that most need safe harbor status.

Well said, EFF. Let’s hope the Copyright Office sees the errors of its ways, but I doubt it. So a word to the wise: Update and renew your registration now to make sure you don’t get caught in this trap. Thanks for putting me on to this info Robert Krausankas at copyright-trolls.com

Follow me on Twitter @oscarmichelen.com

4 comments

Skip to comment form

  1. B. Rubble

    I see your newly in the censorship business and you neglected to allow my post responding negatively to your reaction to this copyright office “frightening” to you rule.

    Sign of the times I guess with the authoritarian conspiracy nut-Elect.

    Sad ! This site is rigged ! Very unfair !

    1. Oscar Michelen

      I do not delete comments and I did not delete your comment. Just a quick look through the comments on other posts will reveal snide comments about my law school and practice as well as numerous ones disagreeing with my views on issues. Of course this is a private site, not government-run so the First Amendment would not apply to me but perhaps the site administrator did delete it for some reason(violent, threatening language for example) or by mistake. If you still have a copy of it re-post it and I will look at it. If I really wanted to stop you from commenting I would put a firewall blocking you and make you pay for it.

  2. B. Rubble

    “I would put a firewall blocking you and make you pay for it.”

    It was funnier before less than half the electorate stuck their heads up their asses and elected an exceptionally unqualified and dangerous PEOTUS. I really have to dig deep to find any upside but I suppose we’ll discover just how resilient our democratic institutions really are.

    I might be perceived as blunt on occasion but posting something violent or
    threatening I find quite disturbing that anyone would do that. Maybe the site admin simply found my post uninteresting and, if so, I applaud it’s deletion !

    Nothing I wrote is worth repeating and I certainly don’t save copies for posterity (I leave that to your good judgement); I merely took exception with your view of the new regs on the Copyright Agent (query — how and where do I send a take-down if I can’t find your registered agent or would I be relieved from getting this address correct because the information may not be reliable ?)

    I may have made a snide remark that while you find the new regs burdensome I suspect you don’t find the prior infringement registration requirement for stat. damages and attorney fees burdensome. What’s good for the goose is good for the gander.

    I wish you a healthy and happy holiday season and good year. Keep fighting the good fight.

    1. Oscar Michelen

      You the same

Leave a Reply

%d bloggers like this: