Three clocks explain the Copyright Office's electronic-agent rule. The final rule was published November 1, 2016 and takes effect December 1. Existing paper designations have a transition ending December 31, 2017. An electronic designation then has its own three-year renewal period. November 8 is the coverage date of this retrospective, not the rule's publication date. [2016-26257]
The transition does not turn every old paper filing invalid on the launch date. The final provisions maintain old and new directories during the transition and permit a compliant designation in either to satisfy the Office-designation obligation. Providers with earlier filings that want continued compliance must nevertheless submit a new electronic designation by the end of 2017. [2016-26257]
The September 28, 2011 proposal contemplated electronic-only submissions, fresh filings for existing registrants and periodic validation. Its proposed renewal interval was two years. The adopted rule instead provides three years, with an amendment or resubmission starting a new period. This is why historical proposals help explain development but cannot supply the final calendar. Both documents come from one rulemaking chain. [2016-26257][2011-24780]
The adopted fee schedule sets a $6 charge for designation, amendment or resubmission. That payment concerns the agent receiving claimed-infringement notices; it is not a copyright-registration fee. Nor does successful filing establish every condition for a DMCA liability limitation. The practical reading is to distinguish the transition deadline, the recurring maintenance duty and the other legal conditions rather than collapsing them into a single registration event. [2016-26257]
Source documents
- Designation of Agent To Receive Notification of Claimed Infringementhttps://www.govinfo.gov/content/pkg/FR-2016-11-01/html/2016-26257.htm
- Designation of Agent To Receive Notification of Claimed Infringementhttps://www.govinfo.gov/content/pkg/FR-2011-09-28/html/2011-24780.htm