The DMCA does not cover trademarks or libel, although it is often abused in that manner. Service providers and websites are protected by the Communications Decency Act against libel/defamation liability for postings by third parties. There is no safe harbor for trademark infringement although there is fair use.

DCMA1, a service of Blue Planet Security Corporation, which is a division of Blue Planet Offices, Inc. It is one of a family of sites providing security related services including blueplanetsecurity.com, securevin.com, securebag-tag.com, secure-keys.com and Certified-Truth.com

The Digital Millennium Copyright Act (DMCA) of 1998 is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO).

The DMCA does not cover internet providers or sites automatically. There are two major requirements that must be followed, otherwise the protection of the act can be defeated in court and the site or provider can be held personally liable.

DMCA1 a service of Blue Planet Security Corporation and Blue Planet Offices, Inc. provides a commercial designated agent service, much like the corporate registered agent service provided by Blue Planet, in cases where the owner or owners of a site or service wish to maintain personal privacy. The DMCA notification on the site and the registration with the U.S. Copyright Office tells everyone where to find you and contact you, not just those wanting to make a copyright complaint.

The designated agent must have an address that is publicly accessible (no post office boxes) along with a telephone number, fax number and email address.

Simply having a DMCA statement and an email address for notification is NOT adequate under the act, although it is common. If the requirements of the act are not adhered to, the protection of the DMCA can be defeated in a civil action. Many plaintiffs' would love to go after the provider or site operator who probably has deeper pockets than some poster or blogger.

This is similar to starting a civil action in Florida for libel or a similar tort. If a media defendant is involved, Florida State Law requires a five day notice to the defendant before filing the civil action. If this requirement is not met, there is no cure. The civil action will be dismissed with prejudice.

Blue Planet Security Corporation, a division of Blue Planet Offices, Inc. provides a designated agent service under the DMCA for only $59.95 for one year. Filing the designation of agent requires payment of a fee of $105.00 to the U.S. Copyright Office, plus $30 for one or a group of alternate names, up to ten. Fees have ranged from $20 and up over the years.

The designated agent needs to be an individual, thus the CEO of Blue Planet Offices, Inc., Dan F. Schramm will serve in the capacity of Designated Agent. There is absolutely no requirement that the designated agent be the owner of the site, or an officer or employee of the corporate entity that owns the site.

Read about exactly What We Do for you.

DMCA Designated Agent Service Sign-up

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