DMCA and Online Service Providers: New Requirements, New Vulnerabilities

Navigating the Safe Harbor, Electronic System for Copyright Agent Designations, and New Exemptions

A live 90-minute CLE webinar with interactive Q&A

Tuesday, July 18, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

This CLE webinar will provide guidance on the Digital Millennium Copyright Act (DMCA) safe harbors and recent regulatory developments. The panel will discuss a recent Ninth Circuit opinion and its impact on safe harbors as well as other recent decisions. The panel will offer best practices for online publishers and internet service providers to minimize the risk of liability and for copyright owners to protect IP rights.


An online publisher or internet service provider can no longer take its DMCA safe harbor status for granted. A recent Ninth Circuit Court of Appeals decision calls into question how the DMCA safe harbor has been interpreted and indicates potential legal risks for ISPs, as well as advertisers that sponsor promotions involving user-generated content.

In Mavrix Photographs v. LiveJournal, the Ninth Circuit recently held the DMCA’s safe harbor for “infringement of copyright by reason of the storage [of material] at the direction of a user” may not protect moderated online platforms. The decision suggests that application of the safe harbor may turn on the ISP’s oversight and control of user-generated content.

Additionally, the U.S. Copyright Office has established a new electronic system for designation of copyright agents. Website owners who miss the Dec. 31, 2017, registration deadline will lose their DMCA protection. Further, the Copyright Office published a new list of exemptions to the DMCA, including an exception related to security research.

Listen as our authoritative panel examines the DMCA, its safe harbor, and the recent Ninth Circuit decision and its impact for online service providers. The panel will discuss other relevant cases and statutory developments. The panel will offer guidance for online service providers to avoid infringement liability and for trademark and copyright owners to protect their marks and copyrights.


  1. Recent DMCA statutory developments
    1. New exemptions
    2. Electronic system for designation of copyright agents
    3. Others?
  2. Major issues/cases
    1. Mavrix Photographs v. LiveJournal (9th Cir. April 2017)
    2. Other recent decisions
  3. Red flags for loss of safe harbor and what online platforms should be doing to avoid infringement
  4. What trademark and copyright owners should do to protect their marks and copyrights


The panel will review these and other key issues:

  • What are the new regulatory changes under the DMCA? How will they impact ISPs? Advertisers? Copyright owners?
  • How does the Mavrix decision change application of the DMCA safe harbor?
  • What steps can online publishers and ISPs take to minimize the risk of losing safe harbor protection?


Jeremy S. Goldman, Partner
Frankfurt Kurnit Klein & Selz, Los Angeles

Mr. Goldman’s practice is focusing on entertainment, IP, commercial and privacy law. In addition to his general civil litigation practice, Mr. Goldman frequently counsels clients, litigates claims and resolves complex disputes involving copyright, breach of contract, the First Amendment, right of publicity, chain of title, trademark and intermediary liability under the DMCA and Section 230 of the Communications Decency Act. Among other closely-watched cases, he represented Hasbro in a trial over the motion picture rights to Dungeons & Dragons and The Authors Guild in the copyright cases about Google Books.

Jason W. Gordon, Counsel
Reed Smith, Chicago

Mr. Gordon represents advertising agencies, Fortune 100 brands, media companies, consumer packaged goods companies, and other advertisers in all aspects of advertising, marketing, new media, branding, privacy, mobile marketing, behavioral advertising, right of publicity, and traditional trademark and copyright prosecution and counseling. His practice includes the review of advertising copy, advising with regard to issues such as claim substantiation, false advertising and related IP and privacy/publicity issues, and negotiating and drafting a broad array of contracts. Mr. Gordon is an adjunct professor at Chicago Kent College of Law.

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Customer Reviews

The seminar wasn't presented like a law school class full of hypotheticals and ideal responses. The presenters discussed actual scenarios that we may face and the most practical way to address them.

Anna Miller

Holland & Hart

Very targeted information with experienced presenter.

Chris Larus

Ms. Morrison provides trademark and brand protection services with significant industry intelligence in the food and beverage, restaurant, healthcare, entertainment, and technology industries. Her practice provides efficient counsel to support the domestic and foreign trademark maintenance, clearance, registration, strategic brand protection and enforcement, and licensing needs of her clients.

Sheila Fox Morrison

Davis Wright Tremaine

The speakers stayed on point and covered the topic thoroughly.

Daiva Tautvydas

The speakers seemed knowledgeable enough to talk about the subject matter in an easily digestible manner.

Daniel M. Cleary

Gotham Insurance/New York Marine & General Insurance

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Intellectual Property Law Advisory Board

Stephen R. Baird


Winthrop & Weinstine

Charles S. Baker


Locke Lord

David S. Bloch


Winston & Strawn

Ian N. Feinberg


Feinberg Day Alberti & Thompson

Bassam N. Ibrahim


Buchanan Ingersoll & Rooney

Mark P. Wine



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