AI Challenges, Freedom to Read Top AAP Annual Meeting Discussions; Publishers Weekly, May 13, 2024

 Jim Milliot , Publishers Weekly; AI Challenges, Freedom to Read Top AAP Annual Meeting Discussions

"The search for methods of reining in technology companies’ unauthorized copying of copyrighted materials to build generative AI models was the primary theme of this year's annual meeting of the Association of American Publishers, held May 9 over Zoom...

“To protect society, we will need a forward-thinking scheme of legal rules and enforcement authority across numerous jurisdictions and disciplines—not only intellectual property, but also national security, trade, privacy, consumer protection, and human rights, to name a few,” Pallante said. “And we will need ethical conduct.”...

Newton-Rex began in the generative AI space in 2010, and now leads the Fairly Trained, which launched in January as a nonprofit that seeks to certify AI companies that don't train models on copyrighted work without creators’ consent (Pallante is an advisor for the company.) He founded the nonprofit after leaving a tech company, Stability, that declined to use a licensing model to get permission to use copyrighted materials in training. Stability, Newton-Rex said, “argues that you can train on whatever you want. And it's a fair use in the United States, and I think this is not only incorrect, but I think it's ethically unforgivable. And I think we have to fight it with everything we have.”

“The old rules of copyright are gone,” said Maria Ressa, cofounder of the online news company Rappler and winner of the 2021 Nobel Peace Prize, in her keynote. “We are literally standing on the rubble of the world that was. If we don’t recognize it, we can’t rebuild it.”

Ressa added that, in a social media world drowning in misinformation and manipulation, “it is crucial that we get back to facts.” Messa advised publishers to “hold the line” in protecting their IP, and to continue to defend the importance of truth: “You cannot have rule of law if you do not have integrity of facts.”"

Publishers Sue Internet Archive Over Free E-Books; The New York Times, June 1, 2020

Elizabeth A. Harris, The New York Times; Publishers Sue Internet Archive Over Free E-Books

Penguin Random House, HarperCollins, Hachette and Wiley accused the nonprofit of piracy for making over 1 million books free online.

"A group of publishers sued Internet Archive on Monday, saying that the nonprofit group’s trove of free electronic copies of books was robbing authors and publishers of revenue at a moment when it was desperately needed.

Internet Archive has made more than 1.3 million books available free online, which were scanned and available to one borrower at a time for a period of 14 days, according to the complaint. Then in March, the group said it would lift all restrictions on its book lending until the end of the public health crisis, creating what it called “a National Emergency Library to serve the nation’s displaced learners.”

But many publishers and authors have called it something different: theft.

“There is nothing innovative or transformative about making complete copies of books to which you have no rights and giving them away for free,” said Maria A. Pallante, president of the Association of American Publishers, which is helping to coordinate the industry’s response. “They’ve stepped in downstream and taken the intellectual investment of authors and the financial investment of publishers, they’re interfering and giving this away.”"

Celebrating the Women Leading the Copyright Office; Library of Congress: Copyright Creativity At Work Blog, March 25, 2020

Alison Hall, Library of Congress: Copyright Creativity At Work Blog; Celebrating the Women Leading the Copyright Office

"To celebrate Women’s History Month, I wanted to write about the five women who have served (and are serving) as leaders of the U.S. Copyright Office. Women have led this Office consecutively since November 1993, and their accomplishments are nothing short of incredible. These five lawyers (who all attended either Columbia Law School or George Washington Law) have contributed over 100 years of public service to the Copyright Office, counting all their roles. Here is just a snapshot of their accomplishments and contributions to copyright."

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."

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."

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."

Copyright Office seeks comment on IT modernization plan; FedScoop, 3/18/16

Whitney Blair Wyckoff, FedScoop; Copyright Office seeks comment on IT modernization plan:

"The Copyright Office is seeking comment on a comprehensive technology plan to make its IT “lean, nimble, results-driven, and future-focused.”...

Comments on the plan are due March 31."

Copyright Register: IT outage shows why agency must modernize; FedScoop.com, 11/30/15

Whitney Blair Wyckoff, FedScoop.com; Copyright Register: IT outage shows why agency must modernize:

"U.S. Register of Copyrights Maria Pallante still grimaces at the mention of a major IT outage that struck her agency this summer.

What started as routine data center maintenance shuttered critical Library of Congress IT systems — including those at the Copyright Office — for nine days. Pallante said it forced her staff, who were unable to fix the problems directly, to field angry calls from customers unable to register their songs, books or other creative works online.

“This is an illustration of the fact that my IT, and my databases, are in the hands of people who are not statutorily responsible for that information,” she told FedScoop, speaking in a Copyright Office conference room lined with the portraits of past registers. She added, "I just really feel that people who work on Copyright Office IT should be in the Copyright Office, in the mission, working side by side with the other experts."

It’s a point alluded to in the Copyright Office's five-year strategic modernization plan, finalized and released Tuesday. The 65-page document includes overarching goals that span from building a robust and flexible technology enterprise to recruiting a diverse workforce. But woven into the report is the need to tailor the office's technology to the needs of the people it serves.

“I think the main message of this is that the Copyright Office has to be directly involved in technology — for one, we can’t administer the law without having control of tools to allow us to do that,” said Pallante, who spent nearly 10 years as intellectual property counsel and director of the licensing group at the Guggenheim Museums before coming to her current job in 2011."

Strategic Plan 2016-2020 Public Draft: Positioning the United States Copyright Office for the Future; U.S. Copyright Office, 10/23/15

U.S. Copyright Office; Strategic Plan 2016-2020 Public Draft: Positioning the United States Copyright Office for the Future:

"Register of Copyrights Maria A. Pallante today released a public draft of the Copyright Office’s Strategic Plan, setting forth the Office’s performance objectives for the next five years.

Reflecting the results of four years of internal evaluations and public input, the Strategic Plan lays out a vision of a modern Copyright Office that is equal to the task of administering the Nation’s copyright laws effectively and efficiently both today and tomorrow. It will remain in draft form for 30 days to permit public feedback, and will take effect on December 1, 2015."

Why the U.S. Copyright Office Wants to Run Away From Home; National Journal, 4/30/15

Kaveh Waddell, National Journal; Why the U.S. Copyright Office Wants to Run Away From Home:

"A federal office that has taken on the role of digital custodian and is now in charge of such 21st-century regulatory activities as approving mobile-phone jailbreaking and setting royalty rates for Internet radio says it needs out of its 19th-century home.

The U.S. Copyright Office has been part of the Library of Congress since 1897, and the office's director, Maria Pallante, told a congressional panel Wednesday it's time for a change, saying her office's hands are often tied as a part of the Library of Congress.

"The office's current organizational structure is under strain because the copyright system has evolved and because digital advancements have changed the expectations of the public," Pallante said in a written statement. She asked the committee to codify the Copyright Office's independence.

In many ways, an independent Copyright Office would operate much like it does now, Pallante said. Although part of a legislative-branch entity, the Justice Department has recognized that the Copyright Office behaves like, and should be treated like, an executive-branch agency.

In its current form, the office's uncertain legal status and subordination to the Library of Congress can create problems. A Government Accountability Office report last month found that the library's IT services, which the Copyright Office relies on, are stuck in the past and are detrimental to its work. And Pallante says it's difficult for her to hire the staff her office needs because of the conflicts between the mission—and the budget—of the Copyright Office and that of the Library of Congress."

Can We Strengthen our Fragile Public Domain?; Library Journal, 2/12/15

Kevin L. Smith, Library Journal; Can We Strengthen our Fragile Public Domain? :

"In fact, even in the United States there has been some recognition that the Sonny Bono extension has done more harm than good. In a 2013 paper called, apparently without irony, “The Next Great Copyright Act,” Registrar of Copyrights Maria Pallante acknowledges that the copyright term is very long and that its length “has consequences” and needs to be made “more functional” (see pages 336-7). Although she stops short of asking Congress to repeal the 20-year extension, she does suggest “offsets” to mitigate the harm that has been done. Pallante is a far cry from being a “copyleft” radical; like previous Registrars, she tends to favor the interests of big content industries. So her suggestion that the term of copyright be readjusted because it is too long is a remarkable acknowledgement of the problem we have created.

Public Domain Day is one more reminder that our copyright laws in the U.S. have tipped the balance of protection too far away from its public interest roots."

U.S. copyright industries add $1 trillion to GDP; Los Angeles Times, 11/19/13

Richard Verrier, Los Angeles Times; U.S. copyright industries add $1 trillion to GDP: "The economic contributions of U.S. copyright industries reached new heights last year, for the first time contributing more than $1 trillion to the gross domestic product and accounting for 6.5% of the nation's economy, according to a new report. The study tracks the economic effect and contributions of U.S. industries engaged in the creation and distribution of computer software, video games, books, newspapers, periodicals and journals, as well as motion pictures, music, radio and television programming. Those industries contributed $1.01 trillion in value-added services to the nation's GDP in 2012. That's up from $965 billion in 2011 and $885 billion in 2009, according to research slated to be released Tuesday morning by the International Intellectual Property Alliance, a private coalition representing the Motion Picture Assn. of America, the Recording Industry Assn. of America and other groups... The findings are being released in advance of a congressional subcommittee hearing on copyright issues, one of several to be held on the topic in Washington over the next several months. Maria Pallante, register of copyrights at the U.S. Copyright Office, has signaled her support for updating federal copyright law."