Digital Millennium Copyright Act (DMCA)
Online Service Provider Interim Regulations:
Designation by Service Provider of Agent for Notification of Claims of Infringement
Millennium Copyright Act, signed into law on October 28, 1998, amended
the copyright law to provide limitations for service provider liability
relating to material online. New subsection 512(c) of the copyright law
provides limitations on service provider liability with respect to information
residing, at direction of a user, on a system or network that the service
provider controls or operates, if the service provider has designated
an agent for notification of claimed infringement by providing contact
information to the Copyright Office and through the service providers
publicly accessible web site. 17 U.S.C. 512(c).
of agents is maintained on this Website.
The Copyright Office has published requirements by which a service provider
may designate an agent to receive notifications of claimed infringement.
Due to the necessity of having regulations in place upon enactment of
the law, the Copyright Office is not requesting public comment at this
time, but will provide notice and opportunity for comment before promulgating
The Copyright Office does not provide printed forms for filing an Interim
Designation of Agent, but suggested formats for filing an Interim Designation
(or an Amended Designation) are available in PDF format, and
may be downloaded. You must have the Adobe Acrobat Reader installed on
your computer to view and print the forms. The Adobe Acrobat Reader is
available for free from Adobe Systems Incorporated.
You have the options of filling in the blanks while viewing the form and
printing out the completed form, or downloading or printing the form and
then completing it. The form must then be sent to the Copyright Office.
You may also prepare your own form, but should insure that it includes
all the information required in section 201.38(c) of the interim regulations.
If you include extraneous information that is not required by the interim
regulations, that information will be scanned and posted on the website.Please
note that the entire designation or amended designation will be posted
on the Copyright Office website.
The Interim Designation must be accompanied by a $20 fee, payable to
the Register of Copyrights. If mailed, the Interim Designation should
be addressed to: Copyright GC/I&R, P.O. Box 70400, Southwest Station,
Washington, D.C. 20024. A service provider may also file the Interim Designation
by hand, by delivering to the Public Information Office of the Copyright
Office, Room LM-401, James Madison Memorial Building, Library of Congress,
101 Independence Avenue, S.E., Washington, DC, during normal business
hours, 9:00 a.m. to 5:00 p.m. Designations and amendments will be
posted online on the Copyright Office website.
The Copyright Office will not examine designations of agents for accuracy
or for compliance with the law or with its regulations. The fact that
the Office has accepted a designation of an agent and has included it
in the Offices directory of agents should not be construed as a
judgment by the Office that the designation is sufficient.
Definition: For purposes of section 512(c), a "service provider"
is defined as a provider of online services or network access, or the
operator of facilities therefor, including an entity offering the transmission,
routing, or providing of connections for digital online communications,
between or among points specified by a user, of material of the user's
choosing, without modification to the content of the material as sent
or received. 17 U.S.C. 512(k)(1)(A)-(B).
- Interim Designation of Agent to Receive Notification of Claimed Infringement
- Amended Interim Designation of Agent to Receive Notification of Claimed