opinion

The Skinny on the New DMCA Requirement

The Skinny on the New DMCA Requirement

The requirements under the Digital Millennium Copyright Act (DMCA) have changed, but the sky is not falling.

We have, even as a law firm, been hit with an unbelievable amount of spam sent out by law firms screaming that we need to run to them, immediately, to hire them to help with these changes — lest we suffer ruinous consequences.

You could find yourself liable for significant damages if you fail to comply with the new regulations.

To that we say “chill out.”

Nevertheless, you should be concerned about this. You could find yourself liable for significant damages if you fail to comply with the new regulations.

However, the new regulations are so easy to comply with, you should only need a lawyer to help you with them if you really like wasting money.

What is new?

On Dec. 1, the Copyright Office did away with the old system of designated agents for the receipt of DMCA notices with a new electronic system. Even if you previously registered one, you must re-register prior to Dec. 31, 2017.

If you fail to do that, you will lose any safe harbor protection you might currently enjoy. You will also need to renew your DMCA agent every three years. There are other minor changes, such as a broader category of agents that are permitted, and the fee is only $6 for designation, amendment or renewals.

Why do you care?

The DMCA immunizes online service providers from liability for any copyright infringement committed by a third party. Therefore, if you have a website that allows user-uploaded content, you must have a DMCA agent, or you may as well not operate at all.

If you have a blog where you allow user comments, you still might want one. Even if you have a website that does not seem to fit the DMCA mold, you are foolish not to register a DMCA agent. When you consider that it is a short process and $6, why would you not want to at least create the argument that you have DMCA immunity if there is a copyright infringement claim against you?

Of course, the DMCA requires more than mere registration. If you get a DMCA notice, youwill need to take down the allegedly infringing material “expeditiously” or you stand in the shoes of the original infringer.

You can’t directly profit from the infringement, and there are other requirements as well. But, step one is making sure you have a DMCA agent. So, get on that right now!

What to do?

I would love to tell you that you should urgently run to a law firm for assistance. But, to be honest, you don’t need to. The process is very simple. If you can shop online, you can handle this yourself.

Just go to https://www.copyright.gov/dmca-directory and follow the instructions there. Those will bring you to a form, which you can find at https://bit.ly/2hGtLDf.

The form only takes a few minutes to fill out, and then you are on your way to DMCA protection.

Remember, that won’t be all you need, but it will be the first, and easiest, necessary condition for that protection.

Randazza Legal Group and its managing partner, Marc J. Randazza, have significant experience in intellectual property protection. Randazza has an international law degree in intellectual property studies.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

WIA Profile: Lexi Morin

Lexi Morin’s journey into the adult industry began with a Craigslist ad and a leap of faith. In 2011, fresh-faced and ambitious, she was scrolling through job ads on Craigslist when she stumbled upon a listing for an assistant makeup artist.

Women In Adult ·
profile

Still Rocking: The Hun Celebrates 30 Years in the Game

In the ever-changing landscape of adult entertainment, The Hun’s Yellow Pages stands out for its endurance. As one of the internet’s original fixtures, literally nearly as old as the web itself, The Hun has functioned as a living archive for online adult content, quietly maintaining its relevance with an interface that feels more nostalgic than flashy.

Jackie Backman ·
opinion

Digital Desires: AI's Emerging Role in Adult Entertainment

The adult industry has always been ahead of the curve when it comes to embracing new technology. From the early days of dial-up internet and grainy video clips to today’s polished social media platforms and streaming services, our industry has never been afraid to innovate. But now, artificial intelligence (AI) is shaking things up in ways that are exciting but also daunting.

Steve Lightspeed ·
opinion

More Than Money: Why Donating Time Matters for Nonprofits

The adult industry faces constant legal battles, societal stigma and workplace challenges. Fortunately, a number of nonprofit organizations work tirelessly to protect the rights and well-being of adult performers, producers and industry workers. When folks in the industry think about supporting these groups, donating money is naturally the first solution that comes to mind.

Corey D. Silverstein ·
opinion

Consent Guardrails: How to Protect Your Content Platform

The adult industry takes a strong and definite stance against the creation or publication of nonconsensual materials. Adult industry creators, producers, processors, banks and hosts all share a vested interest in ensuring that the recording and publication of sexually explicit content is supported by informed consent.

Lawrence G. Walters ·
opinion

Payment Systems: Facilitator vs. Gateway Explained

Understanding and selecting the right payment platform can be confusing for anyone. Recently, Segpay launched its payment gateway. Since then, we’ve received numerous questions about the difference between a payment facilitator and a payment gateway. Most merchants want to know which type of platform best meets their business needs.

Cathy Beardsley ·
opinion

Reinventing Intimacy: A Look at AI's Implications for Adult Platforms

The adult industry has long revolved around delivering pleasure and entertainment, but now it’s moving into new territory: intimacy, connection and emotional fulfillment. And AI companions are at the forefront of that shift.

Daniel Keating ·
profile

WIA: Sara Edwards on Evolving Clip Culture and Creator Empowerment

Though she works behind the scenes, Sara Edwards has had a front-row seat to the evolution of adult content creation. Having been immersed in the sector since 1995, she has a unique perspective on the industry.

Jackie Backman ·
profile

Segpay Marks 20 Years of High-Risk Triumphs

Payment processors are behind-the-scenes players in the world of ecommerce, yet their role is critical. Ensuring secure, seamless transactions while navigating a rapidly changing regulatory landscape requires both technological expertise and business acumen.

Jackie Backman ·
opinion

The SCREEN Test: How to Prepare for Federal Age Verification

For those who are counting, there are now 20 enacted state laws in the United States requiring age verification for viewing online adult content, plus numerous proposed laws in the works. This ongoing barrage has been exhausting for many in the adult industry — and it may be about to escalate in the form of a potential new AV law, this time at the federal level.

Corey D. Silverstein ·
Show More