[PL-Directors] Libraries and DMCA Safe Harbor protection

[Arlene Weible]

The Digital Millennium Copyright Act ("DMCA") provides safe harbors from copyright infringement liability for online service providers. In order to qualify for safe harbor protection, certain kinds of service providers-for example, those that allow users to post or store material on their systems, and search engines, directories, and other information location tools- must designate an agent to receive notifications of claimed copyright infringement.

Libraries may want to consider registering with the Copyright Office in order to receive this protection. By registering a designated agent, you may be protected from liability if a patron posts copyrighted content on a library website (e.g. comments on a library webpage)

On December 1, 2016 the Copyright Office's new electronic system for copyright-agent registration went into effect and libraries that had previously registered (probably many years ago) on paper, will need to re-register before end of December 2017 (your paper registration will continue to qualify your library until this date).

To see if your library was registered previously in the "old" directory, see https://www.copyright.gov/onlinesp/list/a_agents.html

There is a cost but it is significantly less than the paper filings were:  is now $6
Also new - renewal required every 3 years

How to register:

  1.  Go to https://dmca.copyright.gov/login.html
  2.  Register for an account
  3.  Select "Add Service Provider" button
  4.  Register as a Service Provider - enter the full legal name of your entity (i.e. this might by your city or county or library name). You can add alternate names on next page to cover any names the public might use to search for you.
  5.  Add alternate organizational names that the public might use to search for you
  6.  Designate your agent - enter the individual name or position or title of the designated agent or the individual who will receive notices of claimed copyright infringement
  7.  Pay, Submit.


More information:
https://www.copyright.gov/dmca-directory/
or
http://www.lawofthelevel.com/2016/11/articles/intellectual-property/dont-lose-dmca-safe-harbor-protection/

Thanks to our colleague Penny Hummel and the staff at Califa<http://califa.org/> for bringing this issue to our attention!

Arlene Weible, MLS
Electronic Services Consultant
Oregon Federal Regional Depository Coordinator
Library Support and Development Services
Oregon State Library
250 Winter St NE
Salem OR, 97301
503-378-5020
arlene.weible at state.or.us<mailto:arlene.weible at state.or.us>
http://oregon.gov/osl/ld/
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