Emailed Waiver Requests Under DMCA Designated Agent Rule

The Copyright Office has issued a final rule amending 37 C.F.R. § 201.38, governing the designation of agents to receive notifications of claimed infringement under the Digital Millennium Copyright Act (“DMCA”). On December 1, 2016, the Office launched a new fully-electronic online system through which service providers can more efficiently submit and update, and the public can more easily search for and find, designated agent information submitted to the Copyright Office pursuant to section 512(c)(2) of the Copyright Act. The Office also promulgated regulations to govern use of the new system and update what is required of service providers to remain compliant with section 512(c)(2).

This final rule makes non-substantive technical changes to the process by which service providers may request a waiver of the requirement to provide a physical street address and instead list a Post Office Box. After consideration of its experience administering the DMCA Designated Agent Directory, the Office has decided to accept waiver requests by email as an alternative to physical mail. Requests must be sent by email to [email protected] and must contain the same information that has been required for mailed requests. The Office will continue to accept requests by physical mail.