Technical Amendment to DMCA Designated Agent Rule

The Copyright Office has issued a final rule amending 37 C.F.R. § 201.38, governing the designation of agents to receive notifications of claimed infringement under the Digital Millennium Copyright Act (“DMCA”). On December 1, 2016, the Office launched a new fully-electronic online system through which service providers can more efficiently submit and update, and the public can more easily search for and find, designated agent information submitted to the Copyright Office pursuant to section 512(c)(2) of the Copyright Act. The Office also promulgated regulations to govern use of the new system and update what is required of service providers to remain compliant with section 512(c)(2).

This final rule makes non-substantive technical changes to the process by which individuals create system user accounts. As a result of user feedback, the Office has decided that it will no longer be mandatory to provide the position or title, organization, or physical mail address for the individual named as the primary point of contact for communications with the Office. Additionally, the Office has decided to make providing information for a secondary point of contact optional—though it is still recommended so as to best ensure receipt of important communications from the Office. These changes to the user account creation process will make it simpler and easier to complete.