This safe harbor created by the DMCA can save online service providers time, hassle, and especially money. If an agent is designated, and other necessary steps under the DMCA are followed once the entity receives a claim of copyright infringement, the online service provider will not be liable for copyright infringement, even where the user material posted by the user was in fact infringing material.
§ 512(k)(1)(A) as an “entity offering the transmission, routing, or providing of connection 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.” This means that if an entity allows users to post things the user chooses to post, and the entity transmits, routs, or provides that material without alteration, then the entity is considered an online service provider.Īll online service providers should strongly consider designating a DMCA agent. An online service provider is defined in 17 U.S.C. Under the Digital Millennium Copyright Act (“DMCA”) online service providers may be protected from potential claims of copyright infringement if they designate an agent who is to receive notice of infringement claims for material posted on the service providers website or platform.
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