U.S. Copyright Office: DMCA Is “Tilted Askew,” Recommends Remedies for Rightsholders; JDSupra, August 7, 2020

Aylin Kuzucan, Fenwick & West LLP, JDSupra; U.S. Copyright Office: DMCA Is “Tilted Askew,” Recommends Remedies for Rightsholders

"On May 21, 2020, the U.S. Copyright Office released its first full report—based on 92,000 written comments, five roundtables and decades of case law—on the Digital Millennium Copyright Act (17 U.S.C. § 512). The analysis was intended to determine whether the DMCA’s safe harbor provisions effectively balanced the needs of online service providers and rightsholders. The Copyright Office concluded that the balance is “tilted askew,” with largely ineffective copyright infringement protections for rightsholders...

Going forward, the Copyright Office plans to post a new website—copyright.gov/DMCA—with several educational and practical elements, including model takedown notices and counter-notices. In addition, the U.S. Senate Judiciary Committee’s Subcommittee on Intellectual Property plans to draft changes to the DMCA by the end of 2020. Any changes made will be critical for the copyright community to monitor closely."

CCC Salutes and Celebrates the US Copyright Office’s 150th Anniversary; Copyright Clearance Center, August 5, 2020

Copyright Clearance Center;

CCC Salutes and Celebrates the US Copyright Office’s 150th Anniversary

"CCC salutes and celebrates the historic milestone passed recently by the US Copyright Office: its 150th year of continuous operation...

In 1906, Mark Twain addressed Congress, appearing in his famous white suit for the first time, in pursuit of additional copyright protection for authors (which did not actually occur until 1976): 

“I am interested particularly and especially in the part of the bill which concerns my trade. I like that extension of copyright life to the author’s life and fifty years afterward. I think that would satisfy any reasonable author, because it would take care of his children. Let the grand-children take care of themselves. That would take care of my daughters, and after that I am not particular. I shall then have long been out of this struggle, independent of it, indifferent to it.”"
 

U.S. Copyright Office Celebrates 150 Years of Fostering American Creativity and Innovation; U.S. Chamber of Commerce, August 4, 2020

Frank Cullen, U.S. Chamber of Commerce;

U.S. Copyright Office Celebrates 150 Years of Fostering American Creativity and Innovation

"Today, the U.S. Chamber of Commerce Global Innovation Policy Center (GIPC) joins the U.S. Copyright Office in celebrating its 150th-anniversary as an essential leader in fostering American creativity and innovation.

The office was established during the wake of the Civil War when Librarian of Congress Ainsworth Spofford lobbied and convinced Congress to unify the copyright registration system in the Library of Congress."

Copyright Office Celebrates its 150th Anniversary with Virtual Event – August 5 at Noon; U.S. Copyright Office, July 8, 2020

U.S. Copyright Office; Copyright Office Celebrates its 150th Anniversary with Virtual Event – August 5 at Noon

"On July 8, 1870, Congress centralized the administration of copyright law in the Library of Congress. Join the U.S. Copyright Office for a virtual celebration in recognition of our 150th anniversary, and register for “Copyright Office Presents: Celebrating 150 Years of Creativity” on August 5 from noon to 1:00 p.m. eastern time.

This online event is free and open to the public; however, registration is required.

Since its establishment 150 years ago today, the Office has driven the evolution of copyright law and been a key player in copyright law revisions, from the Copyright Act of 1909 to the Copyright Act of 1976 to the Orrin G. Hatch–Bob Goodlatte Music Modernization Act and beyond. The Office also provides critical services, helping copyright owners protect their works and preserving a public record of the country’s creativity.

“Copyright Office Presents: Celebrating 150 Years of Creativity” will highlight the rich and sometimes surprising history of the Copyright Office and copyright itself, the importance of the Office’s connection with creators and users of copyright-protected works, and the role of the Office in engaging creativity through a conversation with Copyright Office experts, past and present. Presenters include:

• John Cole, Library of Congress historian and author
• Frank Evina, curator of prior Copyright Office exhibit and former senior information specialist, Copyright Office
• Heather Wiggins, supervisor in the Literary Division of the Registration Program, Copyright Office, and adjunct professor

“Copyright Office Presents: Celebrating 150 Years of Creativity” kicks off a yearlong celebration with special events and activities to mark this anniversary. To celebrate this milestone, the Copyright Office is building awareness of how copyright can "Engage Your Creativity.” For more resources and selected videos, visit our new Engage Your Creativity webpage."

US Copyright Office, USPTO Act to Assist Those Affected by COVID-19; The National Law Review, April 8, 2020

Eleanor B. Atkins, Jiaxiao Zhang, The National Law Review; US Copyright Office, USPTO Act to Assist Those Affected by COVID-19

"Pursuant to the temporary authority granted by the CARES Act, the US Copyright Office and the USPTO have announced that they are taking steps to assist those impacted by the coronavirus (COVID-19) pandemic by extending certain deadlines, provided that the filing or fee payment is accompanied by a statement attesting that the delay was due to the COVID-19 crisis."

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."

WIPO and U.S. Copyright Office Team Up to Talk Copyright in the Age of AI; IP Watchdog, February 17, 2020

Michelle Sara King, IP Watchdog; WIPO and U.S. Copyright Office Team Up to Talk Copyright in the Age of AI

"Earlier this month, the U.S. Copyright Office and the World Intellectual Property Organization (WIPO) held a joint event titled, “Copyright in the Age of Artificial Intelligence” (AI) at the Library of Congress in Washington, DC. The event explored how global copyright law and intellectual property law, as well as broader policy, may currently address AI technology, and included dialogue about changes that may be needed. Panelists also shared how AI is being utilized now and what future technology deployment and innovation may look like.

The event was part of a series of conversations organized by the U.S, Copyright Office and WIPO both in the United States and Europe, with the next conversation scheduled for May 11 and 12 in Geneva, Switzerland. The summit illustrated that AI presents unique opportunities for innovation, assuming intellectual property rights are respected, but questions remain in several areas, including whether machine learning is producing “original” work and whether the product of such software is inherently reproductive, derivative or the result of a system or process devoid of human action."

WIPO and the US Copyright Office Examine Artificial Intelligence and, to Lesser Extent, Intellectual Property; Info Justice, February 11, 2020

Sean Flynn and Andres Izquierdo, Info Justice; WIPO and the US Copyright Office Examine Artificial Intelligence and, to Lesser Extent, Intellectual Property

"On February 5, 2020, the U.S. Copyright Office and the World Intellectual Property Organization (WIPO) co-sponsored a well-attended event on Copyright in the Age of Artificial Intelligence (AI). The full-day event took an in-depth look at the development and operation of artificial intelligence (“AI”). It paid substantially less attention to the full range of intellectual property issues raised by this new field. 

The single-day event featured visual artists, audiovisual producers, music composers and executives, software developers, guilds of diverse artistic interests, people developing artificial intelligence, and (mostly perhaps) copyright lawyers." 

Acting U.S. Copyright Register Maria Strong: All Eyes on Modernization; IP Watchdog, February 10, 2020

Michelle Sara King, IP Watchdog; Acting U.S. Copyright Register Maria Strong: All Eyes on Modernization

"With IP champions in Congress turning their attention away from patent reform and toward copyright this year, IPWatchdog took the opportunity to interview Acting U.S. Register of Copyrights Maria Strong shortly after she assumed her new role."

How This CEO Is Streamlining The Copyright Process For Independent Artists; Forbes, January 27, 2020

Cheryl Robinson, Forbes; How This CEO Is Streamlining The Copyright Process For Independent Artists

"Jessica Sobhraj, cofounder and CEO of Cosynd, is on a mission to be the central hub that creators use to protect their work. The company designed a platform that automates copyright contracts and registrations for independent creators and businesses by working in conjunction with the U.S. Copyright Office. The company has simplified the process of documenting crucial ownership data and filing copyright registrations of all types of content – music, videos, imagery and literature."

Copyright Pros Don’t Know What to Do About Authorless AI Paintings; Broadband Breakfast, February 5, 2020

David Jelke, Broadband Breakfast; Copyright Pros Don’t Know What to Do About Authorless AI Paintings

"Intellectual property experts on Wednesday puzzled over questions of originality and attribution at a conference hosted at the Library of Congress on “Copyright in the Age of Artificial Intelligence.”...

Rob Kasunic, associate register of copyrights at the U.S. Copyright Office of the Library of Congress, tried to provide answers to the questions of authorship brought up by [Ahmed] Elgammal [a computer scientist from Rutgers University].

In doing so, he raised more questions: Does Congress have the constitutional authority to give copyright incentives for AI computer programs? Should congress do that? Is copyright law even the correct vehicle for AI output protection?

Precedent provides limited guidance to these questions, he said."

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."

 

Supreme Court Clarifies That, Yes, You Have to Register Your Copyright, and No, You Cannot Recover Your Expert Witness Fees in Copyright Cases; Lexology, March 5, 2019

Squire Patton Boggs - Joseph A. Meckes and Theresa Rakocy, Lexology; Supreme Court Clarifies That, Yes, You Have to Register Your Copyright, and No, You Cannot Recover Your Expert Witness Fees in Copyright Cases 

"In a pair of unanimous rulings on March 4, 2019, the Supreme Court clarified (1) that the U.S. Copyright Office must issue a registration certificate before a plaintiff can commence suit and (2) that a prevailing plaintiff cannot recover fees for expert witnesses, jury consultants or other “costs” that are not specifically called for in the relevant statutes."

Copyright Office identifies visual arts copyright problems, solutions; Lexology, January 24, 2019

Thompson Coburn LLP - Mark Sableman, Lexology; Copyright Office identifies visual arts copyright problems, solutions

 

"Our forms are antiquated and difficult to use. Our definition of “publication” is important but hard to understand and apply. Our process for enforcing rights is tedious, costly, and time consuming.

 

Those are key takeaways from a report by the Copyright Office to Congress about visual works copyrights. And that’s not all of the bad news. In addition to deficiencies in its own processes, the Copyright Office reported the hardly surprising conclusion that people on the Internet often misuse copyrighted works and mislead users about copyright...

 

The report, titled “Copyright and Visual Works: The Legal Landscape of Opportunities and Challenges,” concerns a recent “holistic analysis of the copyright landscape in which visual artists must work.” Based on comments from industry and the public, the Copyright Office identified three major challenges for visual artist copyrights: the registration process, licensing, and enforcement."

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."

Don’t Make the Register of Copyrights into a Presidential Pawn; Electronic Frontier Foundation (EFF), September 25, 2018

Elliot Harmon, Electronic Frontier Foundation (EFF); Don’t Make the Register of Copyrights into a Presidential Pawn

"The Register of Copyrights Selection and Accountability Act (H.R. 1695) passed the House of Representatives last year, and now, the Senate is looking to take the bill up. Under H.R. 1695, the Register of Copyrights would become a presidential appointee, just like the directors of Executive Branch departments. Naturally, the president would appoint a Register who shares their interpretation of copyright law and other policy stances, and the nomination could come with a highly partisan confirmation process in the Senate.

The Copyright Office is at its best when it has no political agenda: it’s a huge mistake to turn the Office into another political bargaining chip. The Register of Copyrights has two important, apolitical jobs: registering copyrightable works and providing information on copyright law to the government. The Office serves officially as an advisor to Congress, much like the Congressional Research Service (both offices are part of the Library of Congress). It has never been the Register’s job to carry out the president’s agenda. That’s why the Copyright Office is situated in Congress, not in the Executive Branch."

Photographers Shutter at Plan to Boost Copyright Fees; Bloomberg, June 4, 2018

Anandashankar Mazumdar, Bloomberg; Photographers Shutter at Plan to Boost Copyright Fees

"A U.S. Copyright Office proposal to nearly double some fees has freelance photographers feeling exposed.

The agency wants to increase fees for a range of services. The fee for registering a single book or song, for example, would rise from $55 to $75 under the proposal. The fee for registering up to 750 images at once—something photographers often do—would jump from $55 to $100. The office will accept comments on the proposal until July 23.

The proposal is one more potential hurdle for photographers, who have grappled with rapid changes in markets and technology since the 1990s and struggle to police their copyrights in the digital age. Critics say the increase will discourage photographers from registering their copyrights, which runs counter to public interest."

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."