Finding the DMCA Agent for a Website

The Digital Millennium Copyright Act (“DMCA”) is a wonderful tool for fighting copyright infringement. Check this article for information on how to use it.

Fortunately, the U.S. Copyright Office has made it easier to find the DMCA service providers’ agents for you to notify about claimed infringements. Specifically, under the DMCA, certain internet service providers (for example, those websites that allow users to post or store material on their systems and search engines, directories, and other information location tools websites) must maintain an active registration of their agents with the Copyright Office to be eligible for safe harbor protection from copyright infringement liability. While the service provider must make the agent’s current contact information available on its website to the public, it may not be easy to find. Fortunately, the service provider also must provide the same contact information to the Copyright Office, which maintains a centralized online directory of designated agent contact information for public use.

Therefore, if you can’t find an agent’s contact information on the service provider’s website, you can search the Copyright Office’s database here: https://dmca.copyright.gov/osp/. For example, when you search for “Tumblr,” you’ll see listings for several matching names to find the correct one. When you click on “Tumblr.com,” this page appears: https://www.copyright.gov/onlinesp/list/a_agents.html with the name and address for Tumblr’s DMCA agent. Contact this agent to ask Tumblr to remove any of your photos being infringed there.

Note there is a transition period between the old and new agent directories. Any service provider that has designated an agent with the Copyright Office prior to December 1, 2016, must submit a new designation electronically using the online registration system by December 31, 2017. The old directory is available at https://www.copyright.gov/onlinesp/list/a_agents.html. All current agents should be on the new directory by 2018.

While copyright infringement is rampant, at least there are more and better tools for fighting it.

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