Home > News > Copyright Office Plan Could Be 'Recipe for Disaster,' Attorney Says • Bookmark   • Newsletters   • Register Search Options


Copyright Office Plan Could Be 'Recipe for Disaster,' Attorney Says

Copyright Office Plan Could Be 'Recipe for Disaster,' Attorney Says
Get XBIZ News
May 25, 2016 12:26 PM PDT    Text size: 

WASHINGTON — The U.S. Copyright Office has proposed a controversial new electronic submission process for website operators when they designate agents to receive 512(c)(3) copyright take-down notices.

The proposal, outlined in a Notice of Proposed Rulemaking, has critics because it would purge the list of registered DMCA agents every three years and force online companies to make timely renewals to comply with 512(c) safe harbor.

Under the DMCA, the Copyright Office is required to maintain a current directory of agents that have been designated by online service providers to receive notifications of claimed infringement.

As part of launching the electronic submission process, the proposal reduces the one-time filing fee from $105 to $6. But the $6 proposal puts a 3-year time stamp on each application.

Adult industry attorney Corey D. Silverstein told XBIZ on Wednesday the proposal, if approved, could create incidents fraught with danger.

“While the reduction of government filing fees is always a nice thing, unfortunately this Notice of Proposed Rulemaking is littered with pitfalls that could be devastating to those seeking DMCA safe harbor protection,” Silverstein said. “Specifically, adding a requirement for filers to periodically renew their agent designations, could be a recipe for disaster. 

“The very notion, that an online service provider could lose DMCA safe harbor protection because it may have inadvertently forgotten to file a periodic renewal while complying with every other aspect of the DMCA will surely only lead to more complex legal battles in the courts and law-abiding service providers potentially losing DMCA safe harbor protection due to a minimal technicality.”

The Federal Register has published the proposed rule with a link for formal comment here. Comment period ends on June 24.

Pictured: Corey D. Silverstein of Law Offices of Corey D. Silverstein, P.C.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Legal Protection for Amateur Shoots

Any adult industry professional who creates video content with actual first-time amateurs will come to an early knowledge that later performer regret is commonplace. Recognized performers who regularly... More »

Legal Options to Address Pirated Cam Performances

Many webcam performers have experienced a new trend in online piracy — the illegal recording and publication of live webcam performances. The “business model” is disturbingly simple:... More »

A Retrospective on the Adult Industry’s Tall Climb

As certainly the oldest member of the current adult-industry Fourth Estate, and having written for many adult publications, some of which no longer exist, I write this in the first person which, if you... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.



Oct 05 - Oct 07
Hannover, Germany


Nov 04 - Nov 06
Edison, New Jersey

2016 Inked Awards

Nov 05 - Nov 05
Edison, New Jersey

XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!