Legal Question in Technology Law in California

Can you use a mail forwarding service [e.g. http://www.virtualpostmail.com/ ] as the address registered for DMCA notices? I know they disallow PO boxes but the terms of service and CA law seems to make it look like a virtual mailbox can act as an address for Service of Process which should extend to DMCA & other legal paperwork [e.g. state LLC, tax forms]? My main goal is to avoid listing my home address publicly and the fact I'm not home during normal business hours every business day which I believe is required for things like the address used for a registered agent.


Asked on 3/03/14, 8:43 am

2 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

For the purposes of the DMCA safe harbor as well as for registered agents, you cannot use a PO Box, It has to be a bona fide address. I will not comment as to whether the service you referred to will qualify, but just make sure it is not just a PO Box.

Keep in mind as well that you are required under the DMCA to register that contact person or entity with the US Copyright Office as well.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 3/03/14, 8:51 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

An address for service of process must be a "physical" address, a real place. Also, it must be a place that is attended, at least sometimes -- you can't use the address of a vacant lot. There is no prohibition against using a home address when the resident works elsewhere 9 to 5, because process servers know this and will come at 7 a.m. and/or 7 p.m. If you don't want to use your home address, you can make an arrangement with someone else to be your agent for service of process, such as your lawyer or CPA. I have even used a secretarial service-- but keep in mind that the person nominated as your agent must knowingly accept the duty, and might want to charge a fee. Also, the registered agent's name usually must appear on the form where designated by you as your agent.

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Answered on 3/03/14, 8:57 am


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