Listening Session on Appointment of Next Register of Copyrights; The Library of Congress, January 2020

The Library of Congress 

"Listening Session on Appointment of Next Register of Copyrights

At 10:00 AM on Tuesday at the Library of Congress, Madison Building, 101 Independence Ave. SE, Mumford Room (LM-649), Washington, D.C. 20540.

On January 5, Maria Strong’s tenure as Acting Register of Copyrights and Director of the U.S. Copyright Office began a few weeks after her appointment by Librarian of Congress Carla Hayden. This event will be the first of two listening sessions hosted by the Library of Congress this week to explore the appointment of the next Register of Copyrights to take over the position full-time after Karyn Temple stepped away from the Copyright Office in December. The session will feature a briefing from Librarian Hayden and Copyright Office staff on the selection process and will include time for comments and questions from attendees."

Maria Strong Appointed Acting Register of Copyrights; Publishers Weekly, December 18, 2019

Andrew Albanese, Publishers Weekly; Maria Strong Appointed Acting Register of Copyrights

"Librarian of Congress Carla Hayden has appointed Maria Strong as acting register of Copyrights and director of the U.S. Copyright Office, succeeding register of Copyrights Karyn Temple, who announced last week that she will be leaving the Copyright Office to accept a new position as the global general counsel of the Motion Picture Association. Strong's appointment will begin January 5, 2020.

Strong has served as associate register of Copyrights and director of Policy and International Affairs since April 23, 2019. She joined the Copyright Office in 2010, and prior to that spent 19 years in private practice in Washington, DC, representing clients from the media, technology, and entertainment sectors. She began her legal career as a staff attorney at the Federal Communications Commission."

 

Tell the Senate Not to Put the Register of Copyrights in the Hands of the President; Electronic Frontier Foundation (EFF), December 3, 2018

Katharine Trendacosta, Electronic Frontier Foundation (EFF); Tell the Senate Not to Put the Register of Copyrights in the Hands of the President

"Update 12/03/2018: The December 4 hearing has been postponed, but it could be rescheduled. Keep telling the Senate to vote "no."

With just a week left for this Congress, one of the weirdest bad copyright bills is back on the calendar. The “Register of Copyrights Selection and Accountability Act” would make the Register of Copyrights a presidential appointee, politicizing a role that should not be made a presidential pawn.

On Tuesday, December 4, the Senate Committee on Rules and Administration is scheduled to vote on S. 1010, the Senate version of the “Register of Copyrights Selection and Accountability Act” already passed by the House of Representatives as H.R. 1695. If it passes out of the committee, the whole Senate will be able to vote on it with only days left in the 2018 session."

Congress Using Lame Duck Session To Push Through Awful Plan To Politicize The Copyright Office; TechDirt, December 3, 2018

Mike Masnick, TechDirt; Congress Using Lame Duck Session To Push Through Awful Plan To Politicize The Copyright Office

"I explain all the details below, but the short version is that Hollywood is trying to use the lame duck Congress session to push through a bill that would be very bad for copyright, and would politicize the Copyright Office. EFF has an action page where you can tell Congress not to do this. The bigger explanation of all of this is below."

THE LIBRARIAN OF CONGRESS AND THE GREATNESS OF HUMILITY; New Yorker, February 19, 2017

Sarah Larson, New Yorker; 

THE LIBRARIAN OF CONGRESS AND THE GREATNESS OF HUMILITY

"The new Librarian of Congress, Dr. Carla Hayden, is highly motivated to make this library, and all libraries, a favorite object of the people. Hayden is the first person of color, and the first woman, to lead the Library of Congress; she is also the first actual librarian to lead it since 1974. Her predecessor, Dr. James Billington, a distinguished Russia scholar appointed by Ronald Reagan, was beloved for his intellect but criticized for mismanagement; he neglected, for many years, to appoint a chief information officer, which was required by law, and he also didn’t use e-mail. Hayden, a former head of the American Library Association, revitalized and modernized Baltimore’s twenty-two-branch Enoch Pratt Free Library system. President Obama nominated her, in 2010, to be a member of the National Museum and Library Services Board, and, last year, to become Librarian of Congress...

Like many librarians, Hayden is a big believer in the rights of all people to educate themselves, and in the importance of open access to information online. (This inclusive spirit has become more urgent nationally in recent weeks: see “Libraries Are for Everyone,” a multilingual meme and poster campaign, created by a Nebraska librarian, Rebecca McCorkindale, to counter the forces of fake news and fearmongering.) In September, Hayden gave a swearing-in speech in which she described how black Americans “were once punished with lashes and worse for learning to read.” She said that, “as a descendent of people who were denied the right to read, to now have the opportunity to serve and lead the institution that is our national symbol of knowledge is a historic moment.”...

I thought of the drafts of Lincoln’s first Inaugural Address that a curator in the Inaugurations exhibit had shown me. Lincoln had originally ended his speech with a challenge to the South: “Shall it be peace or sword?” William Henry Seward had suggested an edit that pushed Lincoln toward a more conciliatory tone, and the phrase “guardian angel of the nation.” Lincoln turned that into the sublime “better angels of our nature,” an appeal to our common humanity. Our greatest President was also, possibly, our greatest reviser—a cutter and paster who questioned his imperfect ideas, accepted input, made them better, and kept all of his drafts, so that history could learn not just from his speeches but from the workings of his mind. The contents of the library, like Hayden herself, often directed my attention to the systems by which progress is made and recorded."

Information Access and the 800-Pound Gorilla; Inside Higher Ed, February 20, 2017

Bryn Geffert, Inside Higher Ed; 

Information Access and the 800-Pound Gorilla

"The first copyright statute, enacted in 1790, allowed authors to retain copyright in their work for 14 years. And they could, if they desired, renew that copyright for an additional 14 years. Congress believed that a maximum period of 28 years offered the “limited” protections authorized by the U.S. Constitution to “promote the Progress of Science and useful Arts.”

Under the original statute, the Library of Congress, my library and any library in the world could digitize and disseminate without charge Miller’s, Flexner’s and Furtwangler’s studies of Hamilton to the homeschooled fifth-grader, to my 15-year old son, to the high school student in rural Arkansas, to the college student at a state university and to the scholar in Niger.

We have now, today, the technology to achieve the vision endorsed by our new (and possibly best) librarian of Congress -- a vision ostensibly shared by her admiring senatorial colleagues who, though they agree on little else, appear to agree on this.

What we lack and what we need is an old law -- an old law to serve new technology.

But first we need our new chief librarian to point at the gorilla, yell for Congress’s attention and beg the legislators who confirmed her to act in accord with the ideals they articulated last spring."

Library Experts Weigh in On Next Register of Copyrights; Library Journal, 1/12/17

Brandon Butler, Kyle K. Courtney, Mary Minow, Kevin Smith, Library Journal; 

Library Experts Weigh in On Next Register of Copyrights

"In the wake of the October 29 resignation of Maria Pallante, the former Register of Copyrights, the Library of Congress (LC) has put out a call to the public for input on the expertise needed by the next Register of Copyrights. (On January 17, Pallante will join the Association of American Publishers as president and CEO). The survey, posted on the LC website on December 16, invites the public to answer a series of questions about the knowledge, skills, abilities, and priorities that the incoming Register should possess...

LJ asked four library copyright experts to give their opinions on what they see as important considerations for the incoming Register of Copyrights, and for LC as well.

The survey will be open through January 31."

Library of Congress and U.S. Copyright Office Roundup; Information Today, 1/10/17

Corilee Christou, Information Today; Library of Congress and U.S. Copyright Office Roundup

"Copyright Office Struggles

The overall picture at the LC certainly seems rosy. However, the U.S. Copyright Office is a different story. The office, led by then Register of Copyrights Maria Pallante, was attempting to fix its problems in 2016, but with its budget and IT systems both dependent on the LC, this was not a simple task. After only a month as the Librarian of Congress, Hayden removed Pallante from her position. She had been Register of Copyrights since 2011, after holding several positions at the Copyright Office since 2008. Never before has a Register of Copyrights been removed from his or her post by the Librarian of Congress.

Instead of taking the alternative position of senior advisor to the Librarian of Congress that Hayden offered her, Pallante resigned, effective Oct. 29. Reactions were both positive and negative."

Librarian of Congress Seeks Input on Register of Copyrights; Press Release, Library of Congress, DECEMBER 16, 2016 (REVISED JANUARY 11, 2017)

"DECEMBER 16, 2016 (REVISED JANUARY 11, 2017)Librarian of Congress Seeks Input on Register of Copyrights

Press Contact: Gayle Osterberg (202) 707-0020
Website: Librarian of Congress Seeks Input on Register of Copyrights (Survey) External

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 Jan. 31, 2017.

Link to survey: https://www.research.net/r/RegisterOfCopyrightsNR External
Deadline for submitting comments: Jan. 31, 2017

Input will be reviewed and will inform development of knowledge, skills and abilities requirements for the 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; 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: loc.gov/legal/comment-and-posting-policy/.

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 creative works of authorship at copyright.gov."

Congressional panel calls for independent Copyright Office; Washington Post, 12/9/16

Peggy McGlone, Washington Post; Congressional panel calls for independent Copyright Office:

"Federal lawmakers are calling for an independent Copyright Office that would be led by a Register nominated by the president and confirmed by the Senate.

The House Judiciary Committee on Thursday released the first in what is expected to be a series of reforms. They suggest keeping a newly independent office in the Legislative branch, and funding technology upgrades including a searchable, digital database of historical and current copyright ownership.

Coming on the heels of the resignation of Copyright Register Maria Pallante, and previous suggestions from the Senate Judiciary Committee, the proposals set up a show-down between Congress and new librarian Carla D. Hayden over the future of the agency."

Murder (or not) at the Library of Congress?; Washington Post, 10/31/16

David Post, Washington Post; Murder (or not) at the Library of Congress? :

"We’ll likely never know the details of Pallante’s departure from her job. I’ll go out on a limb and suggest that the logical explanation is probably the actual one. I have no difficulty believing that Hayden and Pallante are both principled, independent, capable people who disagreed on a structural matter so fundamental to the future of the library and the Copyright Office that it was simply not possible for them both to continue in the jobs to which they had been appointed. The Copyright Act gives the librarian supervisory authority over the register of copyrights: “The Register of Copyrights, together with the subordinate officers and employees of the Copyright Office, shall be appointed by the Librarian of Congress, and shall act under the Librarian’s general direction and supervision.” (17 U.S.C. § 701.) Hayden operated within her authority when she reassigned Pallante to another position within the Library of Congress. The register graciously and understandably declined the new appointment.

Those of us who care about the future of the copyright system and the important cultural values it is intended to further — and we are a big tent full of strong-minded people — should get to work finding the next register of copyrights. It’s past time to move beyond the suspicion and rancor that have come to dominate debates over copyright policy. We have a new librarian of Congress, and we will soon have a new register of copyrights. As a community of big and small creators and technologists, we should help the librarian and the register work together to build a more technologically advanced and operationally focused Copyright Office."

Conspiracy Theories Run Amok Over Copyright Office Executive Changes; Techdirt, 11/2/16

Mike Masnick, Techdirt; Conspiracy Theories Run Amok Over Copyright Office Executive Changes:

"...[S]ome folks who support ever more draconian copyright immediately jumped on all sorts of conspiracy theories about how this was really Google somehow firing Pallante, including one site that directly had that as a headline.

To anyone who actually had knowledge of what was going on, this made no sense. Hayden is not connected to Google in any way. This is just out and out tinfoil hat conspiracy theory territory from people who see "Google" behind any policy they dislike. It seemed rather obvious that, like just about any new CEO of an organization, Hayden was clearing out some senior staff for a variety of reasons. And there was a pretty obvious big reason why Hayden would like to reassign Pallante: she has been directly and publicly advocating for Congress to move the Copyright Office outside of the Library of Congress. If you came in to run an organization and one of your direct reports was going over your head to try to transfer an entire division somewhere else, it's likely you'd fire that person too. It's kind of a management 101 thing.

Over the past week, in talking to a few people at the Library of Congress, or close to it, this is the basic story that came out. Hayden didn't feel comfortable with Pallante publicly advocating against the Library of Congress, and used her role as the boss to remove her from that position. Others seem to be discovering the same thing. A report at Publisher's Weekly notes that the conspiracy theories are bunk:"

A Copyright Coup in Washington; Wall Street Journal, 11/2/16

Wall Street Journal; A Copyright Coup in Washington:

"Ms. Hayden is now looking for a copyright office successor, and don’t be surprised if she chooses someone whose experience includes time at Google. This is reason enough for Congress to take a look: If the position is open to political influence, then the register should be politically accountable—and report to elected officials, not the nation’s librarian.

Perhaps these are all coincidences and Ms. Hayden merely botched a personnel dispute. But she now has an opening to install a register friendly to Google, and anyone tempted to write off the Pallante dispute as bureaucratic squabbling should remember: The company’s goal is to defenestrate laws that protect property. The guarantee to own what you create is the reason entrepreneurs take the risks that power the economy—a reason guys like Larry Page and Sergey Brin start Google."

Change at the Copyright Office; Publishers Weekly, 10/28/16

Andrew Albanese, Publishers Weekly; Change at the Copyright Office:

"Could Pallante’s departure spur Congress to finally appropriate sufficient resources to modernize the Copyright Office, which virtually everyone agrees is badly needed and long overdue? Hayden herself said she intends to build on the work Pallante did in terms of modernizing the Copyright Office for the digital age.

Or, might Pallante’s removal push Congress to consider removing the office from the Library of Congress altogether? Pallante was certainly held in high esteem by lawmakers. But sources expressed doubt that in the current political climate Congress would seek to create a new federal bureaucracy for copyright—which is the domain of Congress—that would be headed by a presidential appointee.

At the very least, ALA’s Sheketoff observed that Pallante’s removal suggests that the future of the U.S. Copyright Office is a high priority for at least one government official—Carla Hayden."

Maria Pallante's Departure From the Copyright Office: What It Means, And Why It Matters; Billboard, 10/25/16

Robert Levine, Billboard; Maria Pallante's Departure From the Copyright Office: What It Means, And Why It Matters:

"Although Hayden spoke about the importance of copyright during her confirmation hearings, she is perceived to favor looser copyright laws, since she previously served as president of the American Library Association, an organization that lobbies for greater public access to creative works, sometimes as the expense of creators. The Obama Administration also has close ties to technology companies, which would like to see a Copyright Office that values fair use and other exceptions to copyright over the rights of creators and copyright owners.

Hillary Clinton is thought to be view copyright more favorably, but she hasn’t said much about the topic, and she initially addressed it in her “Initiative on Technology & Innovation” -- not an encouraging sign for creators. Donald Trump doesn’t appear to have said much about the topic."

Maria Pallante Removed as U.S. Register of Copyrights; Billboard, 10/21/16

Robert Levine, Billboard; Maria Pallante Removed as U.S. Register of Copyrights:

"U.S. Register of Copyrights Maria Pallante was removed from her job Friday morning (Oct. 21) by the Librarian of Congress, Carla Hayden, who has authority over the Copyright Office. Officially, Pallante has been appointed as a senior adviser for digital strategy for the Library of Congress, although it’s clear she was asked to step down. Karyn Temple Claggett, currently associate register of copyrights, has been appointed the acting register.

Pallante was locked out of the Library of Congress computer system this morning, according to two sources who spoke with Library employees."