Website owners who allow content from 3rd parties to be displayed on their website may be held liable for copyright infringement if any posted content is found to be copyrighted and displayed without permission. This includes real estate websites that use IDX feeds or property photos from outside sources. The Digital Millenium Copyright Act (DMCA) provides some additional protections for website owners from being held liable for copyright infringement provided they meet certain criteria, including being unaware of the copyright infringement and not directly responsible for it.

To take advantage of the additional protections, you must designate a DMCA agent with the U.S. Copyright Office and post notice on your website. Your registered agent acts as a point of contact if any 3rd party alleges that your website contains copyrighted material for which you do not have the right to display. This agent can be you, an employee, your attorney, or anyone else authorized to act on your behalf. You can designate an agent by completing an online form on the U.S. Copyright Office website. Visit the Copyright Office website for more information.

After you’ve designated an agent with the U.S. Copyright Office, fill out the form on this page. You can then use the shortcode [brew-dmca-notice] on a page of your choosing (such as your Terms of Service page) to post the information necessary to comply with the Digital Millennium Copyright Act and be covered by its additional protections.

Disclaimer: This feature is for informational purposes only and not intended to convey or constitute legal advice. This feature is provided as is, with no warranties of accuracy or guarantees of compliance with U.S. law. Please speak to an attorney if you have any questions or need guidance.