in Section 512(c)(1) with respect to infringing conduct that occurred prior to . . . designating a DMCA- related agent with the Copyright Office"); Perfect 10, Inc. v. Rapidshare A.G., 2010 U.S. Dist. LEXIS 146053, at *22 (May 18, 2010) ("The language of the DMCA clearly states that a service provider can take advantage of the safe harbor only if the service provider has given the Copyright Office specific information regarding its designated agent."). This type of record is known as an "interim designation of agent to receive notification of claimed infringement." See generally Designation of Agent to Receive Notification of Claimed Infringements, 63 Fed. Reg. 59,233 (Nov. 3, 1998). These records are posted on the Office's website at www.copyright.gov/onlinesp /list/ a_agents.html.
NOTE: The Office has issued a proposed regulation that may modify the practices and procedures for recording an interim designation of agent. Designation of Agent To Receive Notification of Claimed Infringement, 76 Fed. Reg. 59,953 (Sept. 28, 2011). Information concerning this rulemaking is available on the Office's website (www.copyright.gov/onlinesp/NPR/).
2312.1 Who May Submit an Interim Designation of Agent?
An interim designation of agent may be submitted by a service provider or its
duly authorized agent. A service provider is defined as "a provider of online services or
network access, or the operator of facilities therefore," and includes "an entity offering
the transmission, routing, or providing of connections for digital online
communications, between or among points specified by a user, of material of the user's
choosing, without modification to the content of the material as sent or received." 17
U.S.C.§512(k)(l).
2312.2 How to Submit an Interim Designation of Agent
An interim designation of agent should be made in writing and should contain the following information:
• A caption or heading that identifies the document as an "Interim Designation of Agent to Receive Notification of Claimed Infringement."
• The full name and address of the service provider.
• All names under which the online service provider does business.
• The name of the agent designated to receive notifications of claimed infringement.
• The designated agent's full address, including a specific name and number for the street address or rural route. A post office box or similar address is not sufficient unless it is the only address that may be used in that geographic location.
• The designated agent's telephone number, fax number, and email address.
• The signature of an appropriate officer or representative of the service provider that designated the agent, along with the printed or typewritten name and title of that individual and the date of the signature.
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