DMCA Title II

Many writings on the DMCA service provider safe harbors state rather broadly that to qualify for "DMCA protection" a service provider must designate an agent and register with the Copyright Office. Clearly, doing so is necessary to qualify under section 512(c). And it makes good sense even if you're attempting to qualify under under one of the other three safe harbors -- but is it really required for the other three? Reference to designating an agent appears exclusively in 512 (c); and the interim regs (37 CFR 201.38) are couched exclusively in terms of complying with 512 (c). No mention of 512 (a), (b) or (d). Can anyone point to something more conclusive than "it's just inferred?"

And another thing. Does 512(d) apply to anyone who slaps a hyperlink on their website?  

Beth Russell Received on Wed Feb 15 2006 - 01:55:46 GMT