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 © 2026 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

Centrobill Names Len Garcia as Chief Sales Officer

Centrobill has named Len Garcia as its new chief sales officer.

Mistrezz.AI Joins ASACP as Corporate Sponsor

The UK-based adult AI companion platform Mistrezz.AI has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Woodhull Freedom Foundation Debunks Pornography Myths in Latest Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting the latest edition of its virtual series “Fact Checked by Woodhull,” addressing myths about pornography.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

X3 Expo 2027 All-Stars Unveiled, Dates Set for Jan. 8-9

X3 Expo will make its L.A. LIVE debut at the JW Marriott on Jan. 8-9, bringing together fans and industry insiders for North America’s largest assembly of stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Romantix-Fargo Zoning Dispute Heads Back to District Court

A federal appeals court on Thursday ruled that zoning officials in Fargo, North Dakota, acted in an “arbitrary and capricious” manner when they prevented sex toy retailer Romantix from opening a planned retail store in that city.

BranditScan Rolls Out Real-Time Telegram Leak Scans, Takedowns

BranditScan has launched Telegram Bot, a new feature that lets creators scan Telegram in real time for leaked content.

Pineapple Support to Host 'Suicide Survivors' Support Group

Pineapple Support is hosting a free online support group for performers affected by suicide.

Studio Vanniall Signs Exclusive Partnership Deal With PAYSITE

Studio Vanniall has signed an exclusive partnership deal with PAYSITE.

Show More