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:
https://dmca.copyright.gov/osp/p1.html

You create an account with a user name and a password, then wait for an email from donotreply@loc.gov 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.

Done!

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

https://www.lexology.com/library/detail.aspx?g=8df3bdf5-c502-4635-8051-1b1c7c8f9e69&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-12-07&utm_term=

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).

https://www.lexology.com/library/detail.aspx?g=559495f9-094c-4fb7-85d7-82415fe10c09&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-12-07&utm_term=

Another worth-your-time legal blog is "The Low-Down On DMCA Regulations And Take-Downs".
https://www.lexology.com/library/detail.aspx?g=35766cb1-218a-4e96-9c41-eedf04861ae8&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-12-07&utm_term=

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).

https://www.lexology.com/library/detail.aspx?g=1e8b3a75-d031-4185-880d-d1adb14b5ae3&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-12-08&utm_term=

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

What Do You Want In A Register?

What do you want in a Register... of Copyrights?

January 31st 2017 is the deadline for copyright owners and future copyright owners to opine.

https://www.research.net/r/RegisterOfCopyrights

It's free, easy, and not terribly time consuming.  Please make your voices heard.

These are the questions in the 3-question survey:

1. What are the knowledge, skills, and abilities that you believe are the most important for the Register of Copyrights?

2. What should be the top three priorities for the Register of Copyrights?

3. Are there other factors that should be considered?

Optional: you may upload supporting material as a file.

That's it!

FWIW, the "Register" is a person. The position was vacated when Maria Pallante was constructively demoted. Rumor has it, Maria Pallante was too sympathetic to copyright owners, musicians, songwriters, authors of books, creators of movies and tv shows that are delivered through cable and satellite channels.

Probably, people who depend on legal sales, contracts, subscription fees, licensing and royalties for their books, movies, sound-tracks, music etc would like a copyright enthusiast in the Register's office.

Perhaps, authors and other creators would like a Register who has a history of representing or supporting copyright owners, and who is clearly supported by copyright owners, rather than one supported by pirates, copyright infringers, "permissionless innovators", or the sort of persons who tell us that "information wants to be free" and include in-copyright fiction and musical works as "information".

Some management experience would be helpful. It would also be good if they were articulate and personable, and able to testify effectively to Congress.

It would be truly remarkable and lovely if those studying the survey comments would give more weight to the replies of persons whose livelihood is affected by copyright ownership than to freeloaders and enterprises who advertise to freeloaders.

In other copyright related news, kudos to the UK and to ISPs in the UK.
http://www.liverpoolecho.co.uk/news/liverpool-news/watch-pirate-tv-online-you-12463944

Copyright infringers who use Torrents and software to illegally download music, ebooks, films, sports etc will be receiving letters from their broadband providers, explaining to them that what they are doing is illegal, and recommending legal places to find what they want.

All the best,

Rowena Cherry