Librarian of Congress Seeks Input on Register of Copyrights; The Library of Congress, March 2, 2020

Press Release, The Library of Congress;

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 next Register of Copyrights, the Librarian of Congress, Carla Hayden, announced today.

Beginning today, March 2, a form to solicit this feedback is online and open to the public. The form will be posted through Friday, March 20.

• Public input form: https://www.loc.gov/about/librarian-of-congress-seeks-input-on-register-of-copyrights/
• Deadline for submitting comments: Friday, March 20, 2020

The Library of Congress will review all input and use it to help develop the knowledge, skills and abilities requirements for our announcement to fill the Register of Copyrights position.
The Library of Congress is the world’s largest library, offering access to the creative record of the United States — and extensive materials from around the world — both on-site and online. It is the main research arm of the U.S. Congress and the home of the U.S. Copyright Office. Explore collections, reference services, and other programs and plan a visit at loc.gov, access the official site for U.S. federal legislative information at congress.gov, and register and record creative works of authorship at copyright.gov."

Register of Copyrights Karyn Temple Is Leaving; Publishers Weekly, December 9, 2019

Andrew Albanese, Publishers Weekly; Register of Copyrights Karyn Temple Is Leaving

"Just months after her permanent appointment as Register of Copyrights, Karyn Temple is leaving for a new position as the global general counsel of the Motion Picture Association...

Of course, the big question may be whether Temple’s departure will spur another attempt to remove the Register of Copyrights position out of the purview of the Library of Congress.

In October of 2016, Hayden’s abrupt removal of then-register, Maria Pallante (who is now president and CEO of the Association of American Publishers) angered many in the content and entertainment industries, who viewed Pallante as an ally. What followed was a campaign by lobbyists to paint Hayden as “anti-copyright,” and a subsequent bill, the Register of Copyrights Selection and Accountability Act (HR 1695), which proposed to take the register of copyrights position out of the purview of the Librarian of Congress and make it a presidential appointment. That bill died in the Senate last year, but for more than two years it effectively blocked Hayden from appointing a permanent successor to Pallante."

When the Copyright Office Meets, the Future Needs a Seat at the Table; Electronic Frontier Foundation (EFF), February 21, 2018

Cory Doctorow, Electronic Frontier Foundation (EFF); When the Copyright Office Meets, the Future Needs a Seat at the Table

"Every three years, EFF's lawyers spend weeks huddling in their offices, composing carefully worded pleas we hope will persuade the Copyright Office and the Librarian of Congress to grant Americans a modest, temporary permission to use our own property in ways that are already legal.

Yeah, we think that's weird, too. But it's been than way ever since 1998, when Congress passed the Digital Millennium Copyright Act, whose Section 1201 established a ban on tampering with "access controls for copyrighted works" (also known as "Digital Rights Management" or "DRM"). It doesn't matter if you want to do something absolutely legitimate, something that there is no law against -- if you have to bypass DRM to do it, it's not allowed.

What's more, if someone wants to provide you with a tool to get around the DRM, they could face up to five years in prison and a $500,000 fine, for a first offense, even if the tool is only ever used to accomplish legal, legitimate ends."

It's About Time for Congress to Improves [sic] the Copyright Office; Forbes, March 31, 2017

Harold Furchtgott-Roth, Forbes; 

It's About Time for Congress to Improves [sic] the Copyright Office

"In the pecking order of Washington organizations, the Copyright Office is close to last. The head of the Copyright Office does not report to the president. He reports to the Librarian of Congress. That’s right: the Librarian of Congress, who in turn reports to various members of Congress.

H.R. 1695 is a great start to remedy that situation, but it could be improved. For example, under the current bill, the Librarian of Congress would still select the Associate Registers of Copyrights. An improved bill would remove the Librarian of Congress from all responsibilities with respect to the Office of Copyright.

An astute observer might suggest that the obscurity of the Copyright Office and benign neglect in Washington have benefitted the copyright industries. Perhaps. The copyright industries have done quite well economically for decades without a forceful voice in government to advocate for them or to look after their interests. Have they done well because of neglect, or despite neglect?"

A new bill on US copyright law would take power from the Library of Congress and give it to Trump; Quartz, March 24, 2017

Thu-Huong Ha, Quartz; 

A new bill on US copyright law would take power from the Library of Congress and give it to Trump

"Yesterday, a bipartisan bill was introduced in the House of Representatives that proposes to change the country’s head of copyright from someone appointed by the Library of Congress, to someone picked by the president."

We Want a Copyright Office that Serves the Public; Electronic Frontier Foundation (EFF), 2/2/17

Kerry Sheehan and Mitch Stoltz, Electronic Frontier Foundation (EFF); 

We Want a Copyright Office that Serves the Public

"The Copyright Office, and those who lead it, should serve the public as a whole, not just major media and entertainment companies. That’s what we told the leadership of the House Judiciary Committee this week. If Congress restructures the Copyright Office, it has to put in safeguards against the agency becoming nothing more than a cheerleader for large corporate copyright holders...

We’re pleased to see both the Librarian of Congress and the House Judiciary Committee reaching out beyond the traditional players in copyright policymaking, to seek public input on decisions that impact everyone. But that’s just the first step – we need to make sure they’re giving the public’s feedback adequate consideration and that their final decisions represent the interests of everyone. We’ll be watching what they do, and speaking up to make sure that the interests of the public – including Internet and technology users, consumers, and independent creators – are protected."

Titanic victory for fair use: appeals court says Google's book-scanning is legal; BoingBoing.net, 10/16/15

Cory Doctorow, BoingBoing.net; Titanic victory for fair use: appeals court says Google's book-scanning is legal:

"The Second Circuit ruling is remarkable for many reasons. First, the venue: the Second, which incorporates publishing's home base in New York City, is a court that is generally favorable to rightsholders. This isn't the first time the Second has surprised copyright extremists, though: last year, the court ruled that the Hathi Trust's noncommercial/academic book-scanning project was also fair use, making this the second high-profile loss for the Authors Guild in two years.

The Hathi Trust ruling completely freaked out the Authors Guild and copyright maximalists everywhere. The Copyright Office, which is friendly to those interests, was motivated by Hathi to create a bizarre, incoherent proposal to put the Authors Guild in charge of who can use literature in America, giving them the power to collect license payments on behalf of writers who never joined the organization, including anonymous and long-dead writers -- this, of course, would give the Authors Guild more money with which to launch foolish, doomed, high-profile lawsuits.

The Librarian of Congress is retiring after a generation in office and may well be replaced by someone who believes in fair use and user rights and a balanced approach to copyright, and since the Librarian of Congress controls the Copyright Office, the people outraged by Hathi are totally flipping out and calling for the separation of the Library of Congress and the Copyright Office, so that they can continue to have outsized influence over the future of creativity, culture and scholarship in America.

The Google Books ruling will only make this fight more intense. Appointing a new Librarian will be one of Obama's last acts in office, and the Democratic party is deeply riven by internal disputes between the netroots and the big entertainment companies who are its financial backers. The war-rooms of both camps are definitely buzzing this morning."

The Copyright Office Belongs in a Library; Electronic Frontier Foundation (EFF), 7/23/15

Parker Higgins, Electronic Frontier Foundation (EFF); The Copyright Office Belongs in a Library:

"The ALA is correct. The way to solve the problems of the Copyright Office and the Librarian of Congress is not to separate the two. Rather, it's to dedicate resources better and push for more thoughtful leadership. On both counts, a smart choice for Librarian of Congress will help.

There are also historical reasons to leave it in place, dating back to the 1870 law that centralized key copyright functions in the Library. Most notably, the deposit requirement—that authors and artists submit copies of works they are registering for copyright—has provided enormous public value by building up the collection. Of course, the Copyright Office performs other functions. But operations like maintaining a catalog of registrations, providing technical assistance to legislators and executive branch agencies, and providing information services to the public are all better understood as being, on some level, library services.

So both ideologically and pragmatically speaking, any hasty moves to yank the Copyright Office out of the Library should be non-starters. The Copyright Office has an important role to play in protecting the public interest. It’s most likely to play that role if it answers to a Librarian."

A New Kind of Leader: Transition time at the Library of Congress; Library Journal, 7/1/15

John N. Berry III, Library Journal; A New Kind of Leader: Transition time at the Library of Congress:

"The Librarian of Congress needs to be a modern library administrator, capable of curating the great collections, leading the exemplary staff of more than 3,000, and keeping LC’s array of vital services current and on technology’s cutting edge.

LC must be led by a person who understands and not only can deal effectively with the huge cultural, economic, and political differences in America but can deliver information services that enlighten our Congress and the people of the nation. The Librarian of Congress must lead us out of the jungle of conflicting claims, rival demands, and legal interpretations that obscure our implementation of the rules and regulations of intellectual property and copyright.

Simultaneously, the Librarian of Congress must be an intellectual inspiration, with an acumen and articulateness that capture the attention of an argumentative society of free people struggling to govern themselves amid the tempests of a world so complex that true cultural understanding is rare and difficult to achieve.

If that formidable job sounds like the one most librarians work at every day, then that suggests an excellent place for our president to begin the search for candidates: in our nation’s libraries.

It is our duty, through ALA and through all of our most effective connections to government, to help the president find the right librarian to lead our national library. We all know she or he is out there ready and waiting to accept the challenge."

US Makes New Exemptions To Digital Millennium Copyright Act Provision; Intellectual Property Watch, 11/1/12

Maricel Estavillo, Intellectual Property Watch; US Makes New Exemptions To Digital Millennium Copyright Act Provision: "The United States has made new exemptions to a provision in its copyright law that prohibits the circumvention of technological measures to gain access to protected digital works. The Federal Register notice of the new exemptions is here [pdf]. As part of the triennial review of Section 1201(a)(1)(B) of the US Copyright Act, the Librarian of Congress approved the following “classes of work” to be allowed effective 28 October..."

First Royalty Rates Set for Digital Music - New York Times, 10/3/08

First Royalty Rates Set for Digital Music:
"In a decision closely watched by the music industry, a panel of federal judges who determine royalty rates for recordings ruled on Thursday to renew the current royalty rate for CDs and other physical recordings, while setting rates for the first time for downloads, ring tones and other services.
The ruling by the Copyright Royalty Board — a panel of three judges appointed by the Librarian of Congress — applied strictly to mechanical royalties, which are paid to the songwriters and publishers of music, not the performers...
Some in the industry warned that the measures might not be enough to stem the losses suffered since the rise of illegal file-sharing a decade ago. Jonathan Feinstein, a music lawyer at the Krasilovsky & Gross firm in New York, said the ruling introduced needed flexibility and certainty.
“Whether these developments will be sufficient to return the music industry to health is not clear,” Mr. Feinstein said."
http://www.nytimes.com/2008/10/03/business/03royalty.html?_r=1&scp=1&sq=copyright&st=cse&oref=slogin

Apple Threatens iTunes Shutdown over Copyright Royalty Dispute - Wired.com, 10/01/08

Apple Threatens iTunes Shutdown over Copyright Royalty Dispute:
"Apple has threatened to shut down the iTunes music store if an obscure three-person board appointed by the Librarian of Congress increase the royalties paid to publishers and songwriters by six cents per song.
The Copyright Royalty Board is scheduled to hand down its decision on these rates by Thursday."
http://blog.wired.com/music/2008/10/thursdays-copyr.html