The Mystery of the Missing DMCA agents for popular NFT marketplaces–whither notice and takedown?

  • I’ll be speaking at today’s Roundtable on NFTs hosted by the U.S. Copyright Office and the U.S. Patent and Trademark Office’s Copyright.
  • In preparation for my session on NFTs and IP Management & Enforcement at 2:15 PM – 3:45 PM EST, I discovered a big mystery:
    • Half of the most popular NFT marketplaces–Blur, Looksrare, and Sudoswap–do not appear to have a designated DMCA agent or procedure to receive copyright notices for alleged infringement listed on their websites. Nor does the Copyright Office database contain a registration for a designated DMCA agent.
  • The DMCA safe harbor is not mandatory. So it’s perfectly legal for an Internet platform to do what it wants. But, of course, the whole purpose of the safe harbor is to help Internet platforms avoid copyright lawsuits and monetary liability by following the requirements under the DMCA.
  • Given the volume of NFT sales on some of these marketplaces, it’s a little surprising. Perhaps the Web3 ethos of decentralization is what explains the apparent lack of DMCA takedown process.