I don't know if this will affect listserv hosts and/or listowners or not..

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Re: VirtualPROMOTE Gazette - Issue #68 - November 27, 1998

NEW COPYRIGHT LAW FOR U.S.

Web Hosts and ISPs May Not Be the Only "Service Providers" That Must
Register Under New Copyright Act

As you should be aware, the Digital Millennium Copyright Infringement Act
of 1998 has become law and requires online service providers to register
with the US Copyright Office in order to qualify for limitation of
liability for 3rd party claims of copyright infringement. Failure to
register results in a loss of immunity granted in the legislation.

Few web hosts and ISPs know about this requirement. More importantly, if
you read the Act very carefully you will see that "service providers" who
are required to register could also include businesses, libraries,
schools, etc. providing "connections for digital online communications."
In other words, a company that is providing an extranet as part of its
business who has a customer posting copyright infringing matter might
also be considered a "service provider" under the law and will lose
protection because the company failed to register.

This story angle could be very significant because the Copyright
Office is charging $20 for interim registration, not to mention the
postage and handling costs. In addition, the regulations provide that the
service providers will have to re-register and pay another fee which will
"most likely be higher" once the final regulations are issued. Any
modifications of the registration contacts also requires re-registration
and a payment of $20 in order to maintain limited copyright infringement
liability. We are talking tens of millions in fees and expenses hitting a
wide segment of the business and academic community who are currently
unaware of the provisions because of the assumption that it only applies
to ISPs. But despite the costs, if they do not register, even out of an
abundance of caution, they may well lose valuable protection from
liability under the law. I think there is a need for greater awareness on
this issue.

A new online registration preparation service from our Copyright
Agents division is available to help web hosts, ISP's and other
service providers register their Designation of Agent to comply with the
requirements of the Online Copyright Infringement Liability Limitation
Act of 1998.

You can view the statute and interim regulations and our registration
service at our site: http://www.hostrader.com/copyright.htm