opinion

The Skinny on the New DMCA Requirement

The Skinny on the New DMCA Requirement

The requirements under the Digital Millennium Copyright Act (DMCA) have changed, but the sky is not falling.

We have, even as a law firm, been hit with an unbelievable amount of spam sent out by law firms screaming that we need to run to them, immediately, to hire them to help with these changes — lest we suffer ruinous consequences.

You could find yourself liable for significant damages if you fail to comply with the new regulations.

To that we say “chill out.”

Nevertheless, you should be concerned about this. You could find yourself liable for significant damages if you fail to comply with the new regulations.

However, the new regulations are so easy to comply with, you should only need a lawyer to help you with them if you really like wasting money.

What is new?

On Dec. 1, the Copyright Office did away with the old system of designated agents for the receipt of DMCA notices with a new electronic system. Even if you previously registered one, you must re-register prior to Dec. 31, 2017.

If you fail to do that, you will lose any safe harbor protection you might currently enjoy. You will also need to renew your DMCA agent every three years. There are other minor changes, such as a broader category of agents that are permitted, and the fee is only $6 for designation, amendment or renewals.

Why do you care?

The DMCA immunizes online service providers from liability for any copyright infringement committed by a third party. Therefore, if you have a website that allows user-uploaded content, you must have a DMCA agent, or you may as well not operate at all.

If you have a blog where you allow user comments, you still might want one. Even if you have a website that does not seem to fit the DMCA mold, you are foolish not to register a DMCA agent. When you consider that it is a short process and $6, why would you not want to at least create the argument that you have DMCA immunity if there is a copyright infringement claim against you?

Of course, the DMCA requires more than mere registration. If you get a DMCA notice, youwill need to take down the allegedly infringing material “expeditiously” or you stand in the shoes of the original infringer.

You can’t directly profit from the infringement, and there are other requirements as well. But, step one is making sure you have a DMCA agent. So, get on that right now!

What to do?

I would love to tell you that you should urgently run to a law firm for assistance. But, to be honest, you don’t need to. The process is very simple. If you can shop online, you can handle this yourself.

Just go to http://www.copyright.gov/dmca-directory and follow the instructions there. Those will bring you to a form, which you can find at http://bit.ly/2hGtLDf.

The form only takes a few minutes to fill out, and then you are on your way to DMCA protection.

Remember, that won’t be all you need, but it will be the first, and easiest, necessary condition for that protection.

Randazza Legal Group and its managing partner, Marc J. Randazza, have significant experience in intellectual property protection. Randazza has an international law degree in intellectual property studies.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

WIA Profile: Holly Randall

If you’re one of the many regular listeners to Holly Randall’s celebrated podcast, you are already familiar with her charming intro spiel: “Hi, I’m Holly Randall and welcome to my podcast, ‘Holly Randall Unfiltered.’ This is the show about sex, the adult industry and the people in it.

Women In Adult ·
trends

What's Hot Now: Leading Content Players on Trending Genres, Monetization Strategies

The juggernaut creator economy hurtles along, fueled by ever-ascendant demand for personality-based authenticity and intimacy — yet any reports of the demise of the traditional paysite are greatly exaggerated.

Alejandro Freixes ·
opinion

An Ethical Approach to Global Tech Staffing

One thing my 24-year career as a technologist working to support the online adult entertainment industry has taught me about is the power of global staffing. Without a doubt, I have achieved significantly more business success as a direct result of hiring abroad.

Brad Mitchell ·
opinion

Finding the Right Payment Partner

Whenever I am talking with businesses that are just getting started, one particular question comes up a lot: “How do I get a merchant account?” It’s a simple question, but it has a complicated answer.

Jonathan Corona ·
opinion

The Taxman Cometh for Every Business

February may be the month of romance, but it is also a time when we need to think about something that inspires very little love: taxes. April is not far away, and the taxman is always waiting. This year, federal and most state income taxes are due Monday, April 15.

Cathy Beardsley ·
opinion

The Continuous Journey of Legal Compliance in Adult

The adult entertainment industry is teeming with opportunity but is also fraught with challenges, from anticipating consumer behavior to keeping up with technological innovation. The most labyrinthine of all challenges, however, is the world of legal compliance.

Corey D. Silverstein ·
profile

Alexzandra Kekesi Takes Charge as Aylo's Head of Community and Brand

While Alexzandra Kekesi was earning her bachelor’s degree in women’s studies from the Simone de Beauvoir Institute at Concordia University, feminist thinkers influenced her deeply, inspiring her passion for sex work advocacy.

Alejandro Freixes ·
opinion

New Year, New Tools for Tackling Chargebacks

Happy New Year! Looking back, 2023 saw some important developments for the industry. Visa lowered the limit on credit card surcharges to 3%, AI continued growing fast and Mastercard published an update to its Business Risk Assessment and Mitigation (BRAM) program.

Jonathan Corona ·
opinion

The Next Frontier in Computing, Storage Is Here

While I typically steer clear of diving too deeply into the technical nitty-gritty, in this month’s column I’m making an exception, because there’s a technological evolution underway that has the potential to fundamentally enhance technical outcomes and, more importantly, grow revenue.

Brad Mitchell ·
opinion

Raising Awareness and Taking Action Against Financial Discrimination

While foes of the adult entertainment industry often focus on “moral” concerns and perpetuate social stigmas, another form of attack can be equally or even more damaging: financial discrimination.

Corey D. Silverstein ·
Show More