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

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

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.

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 News

Age Verification: FSC's Mike Stabile Reports from the Frontlines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to distribute content on its streaming platform from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

Show More