Sunday, December 10, 2017

In Praise Of Procrastinators....

Well, perhaps not "in praise", but I like alliteration in my titles. It would be more accurate to title this article, "Sympathy For Procrastinators."

If you are a common or garden blogger, you are probably not an OSP (Online Service Provider), and you probably do not need to register your Copyright Agent with the copyright office.

Or perhaps you do. If you have a YouTube video of your own promotional book trailer in your footer, are you sure that YouTube isn't showing--and won't ever show--something similarly titled, without telling you?

For $6.00 and the loss of some privacy, you can register yourself as the copyright agent for up to ten (10) websites and blogs, and you will be covered by the Safe Harbor provisions of the DMCA in case some visitor posts someone else's copyrighted content (a photo, or hyperlink, or lyrics) without permission.

Or maybe you have a website and a webmistress, and you never asked her where she licensed the images that decorate your site.... or whether she licensed the fonts.

You start here:

You create an account with a user name and a password, then wait for an email from to confirm your DMCA Designated Agent Registration Account.

When it comes, you follow the link, sign in, and follow a 4-step process filling in your real name, real address, real phone number, also your business name. All authors ought to have an LLC.  Then, you add the names of your websites and blogs. Then you check for accuracy, and you pay.


For those more motivated by what lawyers say in their blogs, there's "Two Copyright To-Dos Before Year End", from  Elizabeth A. Tassi of Stinson Leonard Street LLP

It's a well-written article.  This author recommends it.

"December 31,  2017 Deadline to Avoid Loss of Safe Harbor Protection Under the Digital Millennium Copyright Act" is a short, to the point reminder from David A. Donohue, blogging for  Frosse Zelnick Lehrman & Zissu PC (arguably the largest lawfirm in the world dealing with trademark and copyright law).

Another worth-your-time legal blog is "The Low-Down On DMCA Regulations And Take-Downs".

For Burr & Forman LLP, legal bloggers Brooke Penrose and Deborah Peckham include a warning about the consequences of failing to designate an agent.

Finally, for our European readers (who know all about the cookies that Blogger puts on their equipment), there's a heartening article about Pirate Bay and Torrents from legal blogger Jaroslav Tajbr of Noerr LLP.  (My Mnemonic : No Error).

That's "Torrents At The European Court Of Justice Of The European Union." And, it's about time someone ruled that torrents are infringement, IMHO!

All the best,
Rowena Cherry

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