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Preview: U.S. Copyright Office: NewsNet

What's New at the Copyright Office - Recent Updates



What's New at the Copyright Office - Recent Updates



 



U.S. Copyright Office, NewsNet Issue 664

Fri, 19 May 2017 09:50:41 -0500

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NewsNet Issue 664
May 19, 2017

Copyright Office Adopts Final Rule Regarding Electronic Signatures and Submission for Cable Systems Filing Section 111 Statements of Account

The U.S. Copyright Office has adopted a final rule amending 37 CFR § 201.17, which prescribes requirements related to the submission of Statements of Account under the section 111 license for secondary transmissions of broadcast programming by cable systems. The amendments will allow cable systems operating under the statutory license to electronically sign Statements of Account, and to submit these documents to the Office electronically.  More information about the final rule is available here.

To implement these regulatory changes, the Office is releasing fillable electronic versions of its short- and long form Statements of Account.  Filers under the section 111 license now have the choice of continuing to use the paper-based forms or switching to their electronic counterparts.  In either case, these forms may be signed using an electronic or “s-signature” and submitted to the Office via email.  To access these forms, and for more information about filing Statements of Account or the section 111 license more generally, please visit the Licensing Division’s section 111 webpage here.




U.S. Copyright Office, NewsNet Issue 663

Fri, 19 May 2017 08:26:36 -0500

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NewsNet Issue 663
May 19, 2017

Copyright Office Adopts Final Rule to Address Disruption of Copyright Office Electronic Systems

The U.S. Copyright Office has issued a final rule to address the effect of a disruption or suspension of any Office electronic system on the Office’s receipt of applications, fees, deposits, or other materials. The Copyright Office received six comments in response to the Notice of Proposed Rulemaking, all of which were supportive of the proposed regulation changes. The final rule specifies how the Office will assign effective dates of receipt to materials attempted to be submitted during a disruption or suspension of an Office electronic system. In addition, the final rule specifies how the Office will assign effective dates of receipt when a specific submission that is physically delivered or attempted to be physically delivered to the Office is lost or misplaced in the absence of a declaration of disruption, as might occur during the security screening procedures used for mail that is delivered to the Office.




U.S. Copyright Office, NewsNet Issue 662

Thu, 18 May 2017 09:59:48 -0500

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NewsNet Issue 662
May 18, 2017

Copyright Office Proposes Rule to Modernize Document Recordation

The U.S. Copyright Office is proposing to update its regulations governing the recordation of transfers of copyright ownership, notices of termination, and other documents pertaining to a copyright, in anticipation of the commencement of development of a new electronic recordation system. In addition, at least some of the business process improvements described in the proposal could be implemented in the near future, prior to the rollout of the new system.

The Office invites public comments on the proposed rule. The proposed rule and instructions on how to submit comments are available here. Written comments must be received no later than July 17, 2017, at 11:59 p.m. Eastern time.

 

 

 




U.S. Copyright Office, NewsNet Issue 661

Wed, 10 May 2017 09:49:36 -0500

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NewsNet Issue 661
May 10, 2017

Electronic System for Designating Agents under DMCA Updated Today

Today, the U.S. Copyright Office issued a new release of its electronic system to designate and search for agents to receive notifications of claimed infringement under the Digital Millennium Copyright Act (“DMCA”). As a result of user feedback, this release updates the user account creation process to make it simpler and easier to complete.

In connection with this release, the Office has issued a non-substantive final rule, effective today, making conforming technical amendments to 37 C.F.R. § 201.38. More information about the final rule is available here.

For more information about the Office’s DMCA Designated Agent Directory, please visit the system’s home page here. From this page, users can access the directory, create or login to a registration account, review regulations, watch video tutorials demonstrating how to use the system, read answers to frequently asked questions about the system, or contact the Office with any questions.

 

 

 




U.S. Copyright Office, NewsNet Issue 660

Tue, 09 May 2017 08:17:40 -0500

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NewsNet Issue 660
May 9, 2017

Pilot Program for Bulk Submissions of Copyright Registration Applications

The U.S. Copyright Office published a public notice today announcing a pilot program that will allow for the bulk submission of copyright registration applications in certain limited types of literary works.  Specifically, at this time, the pilot program is limited to claims to single literary works that have a single author, where all content that appears in the work was created and is owned solely by that single author.  Applicants that participate in the pilot will be required to provide author, title, and other pertinent information for each work they submit; upload a copy of each work; and pay the appropriate filing fee.  However they will be able to bypass the Office’s online interface and transmit their claims directly into the electronic registration system instead of filing them on an individual basis. 

To participate in the pilot, applicants would have to comply with certain technical requirements.  For example, applicants would need to cooperate with and obtain approval from the Office’s technology staff during each phase, as the Office creates a separate portal into the eCO system for each participant.

The Office is offering this pilot as part of its continuing effort to increase the efficiency of the registration system for both applicants and the Office alike.

The Office may limit the total number of participants based on its available resources, but interested applicants may contact the Office via the form located at https://www.copyright.gov/rulemaking/bulk-submission.

 

 




Copyright Legislative Developments

Wed, 19 Apr 2017 15:12:42 -0500

PROMOTE Act of 2017

H.R.1914, PROMOTE Act, introduced April 5, 2017.  See here for more information.




U.S. Copyright Office, NewsNet Issue 659

Fri, 07 Apr 2017 12:12:11 -0500

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NewsNet Issue 659
April 7, 2017

SAVE THE DATE: Celebrate World IP Day at the Copyright Office

 

The U.S. Copyright Office will host a program in recognition of World Intellectual Property Day on Wednesday, April 26, 2017, at 10:30 a.m. in the historic Coolidge Auditorium in the Jefferson Building in Washington, DC. This year’s theme, as announced by the World Intellectual Property Organization (WIPO), is “Innovation – Improving Lives.”

This program will feature remarks and panel discussions focusing on the impact of creative works and performances on the lives of both creators and the public. In partnership with the Copyright Alliance, this Copyright Office program will include panel discussions featuring Linda Perry (rock singer-songwriter, producer, member of the Songwriters Hall of Fame), Jason King (musician, performer, journalist, scholar), and Steve Bogard (writer of ten number one country songs, member of Nashville Songwriters Association International). The panel will be moderated by Eric Schwartz (partner, Mitchell, Silberberg & Knupp LLP).  Introductory remarks will be made by Karyn Temple Claggett, Acting Register of Copyrights, and Keith Kupferschmid, Chief Executive Officer of the Copyright Alliance.

To show the importance of recording technology as a tool of creativity, this program also will include excerpts from the eight-part PBS documentary series, Soundbreaking: Stories From the Cutting Edge of Recorded Music. 

World Intellectual Property Day, observed on April 26th since 2000, marks the date in 1970 when the WIPO Convention came into force. The anniversary of this occasion is observed as a way of promoting and increasing general understanding of intellectual property. This program is part of the Copyright Matters lecture series, and is free and open to the public. Please visit the event page to stay apprised of updated information about this program and speakers. Request ADA accommodations five business days in advance at (202) 707-6362 or ada@loc.gov.




Copyright Legislative Developments

Fri, 07 Apr 2017 10:30:48 -0500

Fair Play Fair Pay Act of 2017

H.R.1836, Fair Play Fair Pay Act, introduced March 30, 2017.  See here for more information.




Copyright Legislative Developments

Wed, 29 Mar 2017 13:49:47 -0500

Register of Copyrights Selection and Accountability Act of 2017

H.R. 1695, Register of Copyrights Selection and Accountability Act, introduced March 23, 2017.  See here for more information.




U.S. Copyright Office, NewsNet Issue 658

Thu, 09 Mar 2017 14:53:25 -0600

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NewsNet Issue 658
March 9, 2017

Copyright Office Launches Blog

Today the U.S. Copyright Office launched its new blog, Copyright: Creativity at Work. The blog supports the Office’s 2016–20 strategic plan of sharing Office activities and issues of public interest through expanded social media. Blog posts will feature such topics as Office news, registration practice updates, law and policy developments, copyright basics, and copyright lore. In the inaugural post, Acting Register of Copyrights Karyn Temple Claggett reintroduces the people and the work of the Copyright Office. Subscribe to Copyright: Creativity at Work here.







U.S. Copyright Office, NewsNet Issue 657

Thu, 02 Mar 2017 12:27:17 -0600

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NewsNet Issue 657
March 2, 2017

Copyright Office Extends Comment Period for Moral Rights Study 

The U.S. Copyright Office has published a Federal Register notice extending the deadlines for public comment in connection with the Office’s study on the moral rights of attribution and integrity.  Public comments are now due no later than 11:59 p.m. Eastern time on March 30, 2017, and reply comments are now due no later than 11:59 p.m. Eastern time on May 15, 2017.  Additional information, including instructions on how to submit a comment, is available here.

 










U.S. Copyright Office, NewsNet Issue 656

Thu, 02 Mar 2017 09:39:33 -0600

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NewsNet Issue 656
March 2, 2017

Copyright Office Proposes Amending Regulations to Address Disruption of Copyright Office Electronic Systems

The U.S. Copyright Office is proposing to amend its regulations to address the effect of a disruption or suspension of any Office electronic system on the Office’s receipt of applications, fees, deposits, or other materials.  The amended regulations specify how the Office will assign effective dates of receipt to materials attempted to be submitted during a disruption or suspension of an Office electronic system.  In addition, the proposed rule specifies how the Office will assign effective dates of receipt when a specific submission is lost in the absence of a declaration of disruption, as might occur during the security screening procedures used for mail that is delivered to the Office.

The Office seeks public comments on the proposed regulations that will be considered in promulgating a final rule.

The proposed regulations and instructions on how to submit a comment are available here. Written comments must be received no later than April 3, 2017, at 11:59 p.m. Eastern time.

 










U.S. Copyright Office, NewsNet Issue 655

Wed, 01 Mar 2017 08:56:09 -0600

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NewsNet Issue 655
March 1, 2017

Copyright Office Launches Updated Website

Today, the U.S. Copyright Office launched its updated website, www.copyright.gov. The website has been redesigned to be more organized, more responsive, and easier to digest. It now features a new header with global navigation and search, and expanded width in all sections to maximize screen usage. Several individual pages have been consolidated for improved navigation. A new page, History and Education, includes a wealth of information such as the History of Copyright Law, Past Reports and Publications, and Past Announcements.  










Copyright Legislative Developments

Wed, 15 Feb 2017 14:24:29 -0600

Copyright Office for the Digital Economy Act

H.R.890, Copyright Office for the Digital Economy Act, “To establish the United States Copyright Office as an agency in the legislative branch, and for other purposes,” introduced February 6, 2017.  See here for more information.




U.S. Copyright Office, NewsNet Issue 654

Tue, 07 Feb 2017 10:49:52 -0600

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NewsNet Issue 654
February 7, 2017

Copyright Office Adopts Interim Rule for the Freedom of Information Act

To implement the FOIA Improvement Act of 2016, the U.S. Copyright Office has adopted an interim rule that amends its Freedom of Information Act (FOIA) regulations. The amended regulations provide a clear structure for the required regulatory provisions of FOIA, formalize Office practices of multitrack processing and aggregation, and provide areas of enhanced customer service.

To ensure that the Office’s FOIA regulations implement the FOIA Improvement Act of 2016 as soon as practicable, these interim regulations are effective March 9, 2017. The Office seeks public comments on the interim rule that will be considered in promulgating a final rule.

The interim rule and instructions on how to submit a comment are available here. Written comments must be received no later than April 24, 2017, at 11:59 p.m. Eastern time.




U.S. Copyright Office, NewsNet Issue 653

Mon, 06 Feb 2017 10:37:07 -0600

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NewsNet Issue 653
February 6, 2017

Copyright Office Technical Amendments: Final Rule

The U.S. Copyright Office today published a final rule making several technical amendments to its regulations governing registration, recordation, licensing, and other services the Office provides. The amendments are designed to improve the quality of the Office’s regulations by updating cross-references, replacing outdated terminology, reflecting structural changes to the Office and its senior management, eliminating expired or obsolete provisions, and correcting nonsubstantive errors.

 

 




U.S. Copyright Office, NewsNet Issue 652

Thu, 02 Feb 2017 08:11:48 -0600

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NewsNet Issue 652
February 2, 2017

Final Rule Adopted to Remove Personally Identifiable Information from Registration Records

The U.S. Copyright Office issued a final rule to allow authors and claimants to replace in or remove from the Office’s online registration catalog personally identifiable information (PII). This rule allows authors, claimants, or their authorized representatives to pay a fee and request the removal of certain PII requested by the Office and collected on registration applications, such as names, home addresses, or personal phone numbers. The PII will be removed from the Office’s Internet-accessible public catalog but retained in the Office’s offline records as required by law. The rule also codifies an existing practice that removes extraneous PII free of charge, such as driver’s license numbers, social security numbers, banking information, and credit card information, whether by the Office’s own volition or upon request by authors, claimants, or their authorized representatives.

The final rule is available here.

 




U.S. Copyright Office, NewsNet Issue 651

Fri, 27 Jan 2017 10:30:43 -0600

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NewsNet Issue 651
January 27, 2017

Copyright Office Extends Comment Period for Section 512 Study

The U.S. Copyright Office has published a Federal Register notice extending the deadlines for public comment in connection with the Office’s study on section 512 of Title 17. The Office requested additional public comments, as well as the submission of empirical research studies assessing issues related to the operation of section 512 on a quantitative or qualitative basis, on November 8, 2016. Public comments are now due no later than 11:59 p.m. Eastern time on February 21, 2017, and empirical research studies are now due no later than 11:59 p.m. Eastern time on March 22, 2017. Additional information, including instructions on how to submit a comment, is available here.




U.S. Copyright Office, NewsNet Issue 650

Mon, 23 Jan 2017 14:26:54 -0600

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NewsNet Issue 650
January 23, 2017

Copyright Office Initiates Study on the Moral Rights of Attribution and Integrity

The U.S. Copyright Office is undertaking a public study to review how existing U.S. law, including provisions found in Title 17 of the U.S. Code and other federal and state laws, protects the moral rights of attribution and integrity and whether any additional protection is advisable in this area. To support the congressional review of the nation’s copyright law and provide thorough assistance to Congress, the Office is seeking public input on a number of questions.

The Office published a Federal Register notice today soliciting written comments from the public. Instructions for submitting comments are available here. Comments must be received no later than 11:59 p.m. Eastern time on March 9, 2017. Reply comments must be received no later than 11:59 p.m. Eastern time on April 24, 2017. The Office may announce one or more public meetings, to take place after written comments are received, by separate notice in the future.




U.S. Copyright Office, NewsNet Issue 649

Mon, 09 Jan 2017 14:52:06 -0600

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NewsNet Issue 649
January 9, 2017

U.S. Copyright Office Announces New Deputy General Counsel

Acting Register of Copyrights Karyn Temple Claggett has announced the appointment of Regan Smith to the position of deputy general counsel of the United States Copyright Office effective December 25, 2016. Smith will serve as a member of the Copyright Office’s senior management team and have responsibility for an extensive portfolio of law and policy.

Smith joined the Copyright Office in 2014 as assistant general counsel and advanced in 2015 to associate general counsel, assisting with a wide range of legal issues before the Office, including litigation, policy studies, and regulatory proceedings. Before that, she spent several years in private practice at the law firms Kirkland & Ellis and Loeb & Loeb, where she represented clients in matters concerning copyright, technology, media, and related complex intellectual property issues. She earned her JD from Harvard Law School, where served on the Civil Rights–Civil Liberties Law Review. She has a BA in philosophy and political science from the University of Michigan.

“I have been fortunate to work very closely with Regan throughout her tenure at the Copyright Office. She is a tremendously talented lawyer and will bring a wealth of experience to her new role,” stated Acting Register Temple Claggett. 

Smith reports to Sarang (Sy) Damle, the Copyright Office’s general counsel and an Associate Register of Copyrights.

Official photographs and a biography are available here.

 




U.S. Copyright Office, NewsNet Issue 648

Fri, 16 Dec 2016 10:08:27 -0600

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NewsNet Issue 648
December 16, 2016

Librarian of Congress Seeks Input on Register of Copyrights

The public will have the opportunity to provide input to the Library of Congress on expertise needed by the Register of Copyrights, the Librarian of Congress, Carla Hayden, announced today.

Beginning today, December 16, an online survey is open to the public. The survey will be posted through January 31, 2017. Input will be reviewed and inform development of knowledge, skills, and abilities for fulfilling the Register position.

Information provided through the survey will be posted online and submitters’ names will appear. Note that input will be subject to review, and input may not be posted that is off-topic or contains vulgar, offensive, racist, threatening or harassing content; personal information; or gratuitous links to sites that could be considered spam. The Library’s complete comment policy can be viewed here.

To provide input through the survey, click here.

 

 




U.S. Copyright Office, NewsNet Issue 647

Fri, 16 Dec 2016 07:22:28 -0600

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NewsNet 647
December 16, 2016

Copyright Office Extends Comment Period in Rulemakings on Supplementary Registration, Group Registration of Photographs, and Group Registration of Contributions to Periodicals

The U.S. Copyright Office is extending the deadline for submitting written comments in response to three notices of proposed rulemaking on supplementary registration, group registration of photographs, and group registration of contributions to periodicals. These notices were published in the Federal Register on December 1, 2016. Written comments on each proposal are now due no later than 11:59 p.m. eastern time on January 30, 2017.

Additional information on the rulemaking involving supplementary registration, including instructions on how to submit a comment, is available here.

Additional information on the rulemaking involving group registration of photographs is available here.

Additional information on the rulemaking involving group registration of contributions to periodicals is available here.




U.S. Copyright Office, NewsNet Issue 646

Thu, 15 Dec 2016 16:03:16 -0600

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NewsNet 646
December 15, 2016

Copyright Office Releases Report on Software-Enabled Consumer Products

The U.S. Copyright Office today released its report “Software-Enabled Consumer Products.” The report follows a year-long process, during which the Office studied how copyright law interacts with software-enabled consumer products, from cars, to refrigerators, to cellphones, to thermostats, and more. Requested by the Senate Judiciary Committee, the report explores the various legal doctrines that apply to this subset of software, which is increasingly present in everyday life, including important copyright doctrines such as fair use, merger, scènes à faire, first sale, and the section 117 exemptions. The report focuses on specific issues raised in the public comments and hearings, including how copyright law affects licensing, resale, repair and tinkering, security research, and interoperability.

The Copyright Office’s report found that current legal doctrines support a wide range of legitimate uses of the embedded software in consumer products while also recognizing the importance of copyright protection to the creation and distribution of innovative products. The report provides a thorough review of the existing legal framework with respect to software embedded in consumer products, but it does not recommend legislative changes at this time.

The full report and executive summary are available on the Copyright Office’s website at http://copyright.gov/policy/software/.

 




U.S. Copyright Office, NewsNet Issue 645

Mon, 12 Dec 2016 14:28:43 -0600

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NewsNet 645
December 12, 2016

Administration Releases Joint Strategic Plan on Intellectual Property Enforcement (FY 2017-2019)

The Copyright Office congratulates the Office of the U.S. Intellectual Property Enforcement Coordinator on today’s release of the Joint Strategic Plan on Intellectual Property Enforcement (FY 2017-2019), titled "Supporting Innovation, Creativity & Enterprise: Charting a Path Ahead."

The Office agrees with the Administration that effective enforcement is critical to providing meaningful protection of intellectual property rights, including copyright. As the plan notes, it is a blueprint for the work to be carried out over the next three years by the federal government in support of a healthy and robust intellectual property enforcement policy environment.

In particular, the Office applauds the Administration’s call to support practices and policies to improve the Digital Millennium Copyright Act notice-and-takedown processes. As described in the plan, the Copyright Office, at the request of Congress, is conducting a study on the impact and effectiveness of section 512 of title 17—examining the burdens and benefits of its safe harbors for online service providers and its ability to address online infringement for creators.

The Office looks forward to working with our interagency colleagues to implement this new plan, participating in training and outreach programming, promoting research, and supporting Congress in efforts to support American creativity here and abroad.

The Joint Strategic Plan is available here.

 




U.S. Copyright Office, NewsNet Issue 644

Thu, 01 Dec 2016 16:00:28 -0600

NewsNet 644December 1, 2016 Copyright Office Announces Appointment of Steven Wilf as Kaminstein Scholar Acting Register of Copyrights Karyn Temple Claggett welcomes Professor Steven Wilf as the Abraham L. Kaminstein Scholar in Residence at the U.S. Copyright Office during the 2016–17 academic year.   The Abraham L. Kaminstein Scholar in Residence Program provides an opportunity for legal scholars to spend time at the Copyright Office, at the invitation of the Register, conducting independent research and working on mutually beneficial projects. Kaminstein served as Register of Copyrights from 1960 to 1971. An internationally recognized expert in the field of copyright, he presided over many major revision studies and roundtables that laid the foundation for the 1976 Copyright Act.   Wilf will serve as the Office’s third Kaminstein Scholar. He is the Anthony J. Smits Professor of Global Commerce and director of the Intellectual Property and Information Governance Program at the University of Connecticut School of Law, where he specializes in intellectual property and legal history. He is currently also a participating fellow at the Wesleyan University Center for the Humanities Intellectual Property/Intellectual Piracy research project. Wilf is the author of two books and numerous scholarly articles and is completing a history of intellectual property law for Cambridge University Press. In 2012, he was a visiting professor in Beijing where he taught Intellectual Property Infringement Defenses and Remedies. He has also taught seminars on comparative intellectual property law at Freie Universität and Hebrew University.   In his role as Kaminstein Scholar, Professor Wilf will focus on a review of the history and development of the Copyright Office, with a concentration on deposit issues. As part of his work, he will assess matters relating to mandatory deposit, registration deposit, best edition, and collection building.   “I am extremely pleased to have an academic of Professor Wilf’s caliber and background join the Office as part of the Kaminstein Scholar Program,” Temple Claggett said. “His tenure will continue the great tradition of previous scholars and will be of tremendous benefit to the Office and to the constituencies it serves.”   Wilf follows Professor Zvi Rosen of Hofstra University who served as Kaminstein Scholar from 2015 to 2016 and Professor Robert Brauneis of George Washington University Law School who served as Kaminstein Scholar from 2013 to 2014. For additional information about the Abraham L. Kaminstein Scholar in Residence Program, including how to apply, please visit the program’s web page at http://copyright.gov/about/special-programs/kaminstein.html.       [...]