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

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

Show More