Wed, 19 Apr 2017 15:12:42 -0500
H.R.1914, PROMOTE Act, introduced April 5, 2017. See here for more information.
Fri, 07 Apr 2017 12:12:11 -0500
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 email@example.com.
Fri, 07 Apr 2017 10:30:48 -0500
H.R.1836, Fair Play Fair Pay Act, introduced March 30, 2017. See here for more information.
Wed, 29 Mar 2017 13:49:47 -0500
H.R. 1695, Register of Copyrights Selection and Accountability Act, introduced March 23, 2017. See here for more information.
Thu, 09 Mar 2017 14:53:25 -0600
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.
Thu, 02 Mar 2017 12:27:17 -0600
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.
Thu, 02 Mar 2017 09:39:33 -0600
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.
Wed, 01 Mar 2017 08:56:09 -0600
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.
Wed, 15 Feb 2017 14:24:29 -0600
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.
Tue, 07 Feb 2017 10:49:52 -0600
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.
Mon, 06 Feb 2017 10:37:07 -0600
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.
Thu, 02 Feb 2017 08:11:48 -0600
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.
Fri, 27 Jan 2017 10:30:43 -0600
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.
Mon, 23 Jan 2017 14:26:54 -0600
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.
Mon, 09 Jan 2017 14:52:06 -0600
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.
Fri, 16 Dec 2016 10:08:27 -0600
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.
Fri, 16 Dec 2016 07:22:28 -0600
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.
Thu, 15 Dec 2016 16:03:16 -0600
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/.
Mon, 12 Dec 2016 14:28:43 -0600
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.
Thu, 01 Dec 2016 16:00:28 -0600NewsNet 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. [...]
Thu, 01 Dec 2016 15:58:47 -0600NewsNet 643December 1, 2016 The U.S. Copyright Office today published three notices of proposed rulemaking The U.S. Copyright Office today published three notices of proposed rulemaking, which are summarized below. Supplementary Registration: The U.S. Copyright Office is seeking public comments on proposed amendments to its regulation governing supplementary registration. Under the proposed rule, most applicants will be required to submit an online application in order to correct or amplify the information set forth in a basic registration. In addition, the proposed rule will update and codify certain practices that are set forth in the Compendium of U.S. Copyright Office Practices, Third Edition, and improve the readability of the regulation. The Notice of Proposed Rulemaking and instructions on how to submit a comment in this proceeding are available here. Group Registration of Photographs: The Office is seeking public comments on proposed amendments to its regulation governing the group registration option for published photographs. In addition, the Office is proposing to create a new group registration option for unpublished photographs. Under the proposed rule, applicants will be required to submit an online application and will be allowed to include up to 750 photographs in each submission. The proposed rule will amend the deposit requirement for photographs and photographic databases by requiring applicants to submit their works in digital form. Finally, it will memorialize the Office’s longstanding position regarding the scope of a group registration of photographs. The Notice of Proposed Rulemaking and instructions on how to submit a comment in this proceeding are available here. Group Registration of Contributions to Periodicals: The Office is seeking public comments on proposed amendments to its regulation governing the group registration option for contributions to periodicals. Under the proposed rule, applicants will be required to file their claims through the electronic registration system and upload their contributions in a digital format. The proposed rule will modify some of the eligibility requirements for this group option. It will confirm that the Office may refuse registration or cancel a group registration if these requirements have not been met. And it will memorialize the Office’s longstanding position regarding the scope of a group registration for contributions to periodicals. The Notice of Proposed Rulemaking and instructions on how to submit a comment in this proceeding are available here. Written comments must be received no later than January 3, 2017, at 11:59 p.m. Eastern Time. [...]
Thu, 01 Dec 2016 10:02:19 -0600
December 1, 2016
Electronic System for Designating Agents under DMCA Launched Today
Today, the U.S. Copyright Office launched its new electronic system to designate and search for agents to receive notifications of claimed infringement under the Digital Millennium Copyright Act (DMCA). The final rule implementing the new system and governing what is required of service providers to designate an agent also comes into effect today.
As previously announced, as of today, all new designations must now be made through the online registration system. Additionally, any service provider that has previously designated an agent with the Office through the old paper-based system will have until December 31, 2017, to submit a new designation electronically through the new system. Until that time, an accurate designation in the old paper-generated directory will continue to satisfy the service provider’s obligations under section 512(c)(2), and the public will need to continue to search the paper-generated directory if the service provider is not yet listed in the new electronically generated directory.
For more information, please visit the home page for the new directory and registration system, here. From this page, users can access both the old and new directories, create or log in to a registration account, review the new regulations, watch video tutorials demonstrating how to use the new system, read answers to frequently asked questions about the new rule and electronic system, or contact the Office with any questions.
Tue, 08 Nov 2016 11:33:36 -0600
November 8, 2016
Copyright Office Seeks Additional Comments for Section 512 Study
The U.S. Copyright Office is conducting a study to evaluate the operation of the ISP safe harbor provisions of section 512 of title 17 and has reviewed public input from the first round of written comments and from roundtable participation. You may access the comments and a transcript of the roundtables on the Copyright Office website here.
To further aid the analysis, the Copyright Office is now soliciting additional written comments on a subset of issues. These include questions relating to the characteristics of the current Internet ecosystem, operation of the current DMCA safe harbor system, potential future evolution of the DMCA safe harbor system, and other developments relevant to this study. The Copyright Office is also seeking submissions of empirical research on any topics that are likely to provide useful data to assess and/or improve the operation of section 512.
You may access the Federal Register notice here. Written comments are to be submitted electronically using the regulations.gov system. Specific instructions for submitting comments are available on the Copyright Office website at http://copyright.gov/policy/section512/comment-submission/.
Comments must be received no later than 11:59 p.m. Eastern Time on February 6, 2017. Empirical research studies must be received no later than 11:59 p.m. Eastern Time on March 8, 2017.
Mon, 31 Oct 2016 09:58:32 -0500NewsNet 640October 31, 2016 Copyright Office Announces Electronic System for Designating Agents under DMCA The United States Copyright Office has completed development of a new electronic system to designate and search for agents to receive notifications of claimed infringement, as required under the Digital Millennium Copyright Act (DMCA). Accordingly, the Office is publishing a final rule in the Federal Register tomorrow to implement that system, replacing an interim rule that the Office had adopted after the DMCA’s enactment. A prepublication version of the rule is available for public inspection here. The rule is effective on December 1, 2016, the date that the new online registration system and directory will be launched. In the meantime, users can begin to acquaint themselves with the new system by watching the video tutorials available here. Any service provider that has previously designated an agent with the Office will have until December 31, 2017, to submit a new designation electronically through the new online registration system. Since the DMCA’s enactment in 1998, online service providers have designated agents with the Copyright Office via paper filings, and the Office has made scanned copies of these filings available to the public by posting them on the Office’s website. Although the DMCA requires service providers to update their designations with the Office as information changes, an examination of a large sample of existing designations found that 22 percent were for defunct service providers, while approximately 65 percent of nondefunct service providers’ designations had inaccurate information (when compared to the information provided by service providers on their own websites). The new electronic system modernizes the designation process and ensures a more usable and accurate public directory. The system has also been designed to encourage service providers to keep their information up to date. Transitioning to the electronic system has allowed the Office to substantially reduce the fee to designate an agent with the Office, from $105 (plus an additional fee of $35 for each group of one to ten alternate names used by the service provider) to $6 (with no additional fee for alternate names). As part of the transition to the new electronic system, the Office’s present public directory of designated agents, generated by service providers’ paper filings, will be phased out on December 31, 2017. Until that time, an accurate designation in the old paper-generated directory will continue to satisfy the service provider’s obligations under section 512(c)(2), and the public will need to continue to search the paper-generated directory if the service provider is not yet listed in the new electronically generated directory. [...]
Tue, 25 Oct 2016 15:30:52 -0500
October 25, 2016
Jody A. Harry Appointed Chief Financial Officer
Acting Register of Copyrights Karyn Temple Claggett is pleased to announce the appointment of Jody A. Harry to the position of chief financial officer of the United States Copyright Office. Harry takes over day-to-day management and oversight of all fiscal, financial, acquisition, and budget-related programs for the Copyright Office. She is the first incumbent of the chief financial officer position, which was created as part of the Register’s ongoing modernization work.
“Jody’s skill set and work ethic are a great fit for the Copyright Office at this time,” said Acting Register Temple Claggett. “She will be invaluable to us in every facet of fiscal execution.”
In her new role, Harry will be a key member of the Register’s senior team and the top advisor on fiscal and financial policy and related matters. Her areas of responsibility include management of the Copyright Office’s appropriations process, budget execution, acquisitions and procurements, fee processing, statutory royalty investments and disbursements, financial controls, and resource planning.
“I’m thrilled to be a part of the Copyright Office as its first CFO,” said Harry. “I look forward to working with colleagues across the Office and the Library of Congress to implement strategies that ensure the Copyright Office continues to meet the evolving needs of all of its stakeholders.”
Harry is a certified public accountant and a certified management accountant with more than 20 years of experience in financial leadership roles in both the public and private sectors. Most recently, she served as comptroller of the Civil Rights Division of the United States Department of Justice, where she was responsible for the full scope of division financial activities and budget authority of $200 million dollars. Harry holds a bachelor’s degree in accounting from the University of Guam and a master of business administration degree from Johns Hopkins University. She is a veteran of the U.S. Marine Corps.