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NewsNet Issue 777
September 3, 2019

Kimberley A. Isbell Appointed Deputy Director of Policy and International Affairs

Register of Copyrights Karyn A. Temple has appointed Kimberley A. Isbell as deputy director of policy and international affairs at the United States Copyright Office. Her appointment is effective September 1, 2019.

In her position, Isbell will assist the Associate Register of Copyrights and Director of Policy and International Affairs with critical policy functions of the Office, including domestic and international policy analyses, legislative support, and trade negotiations. The Office of Policy and International Affairs represents the U.S. Copyright Office at meetings of government officials concerned with the international aspects of copyright protection and enforcement and provides regular support to Congress and its committees.

“Kim has served the Office since 2015 by providing expert counsel on a broad array of policy and international issues, including as co-lead of the Office’s recent policy study on moral rights protections in the United States,” said Temple. “She will continue to be a valuable asset to the Office in her new role.”

Since joining the Copyright Office in 2015, Isbell has served as senior counsel for policy and international affairs. Before joining the Office, Isbell worked as in-house counsel to a medical society and as an associate in private practice focusing on trademark and copyright protection and enforcement at area law firms. Isbell also spent time as a fellow at the Berkman Center for Internet and Society of Harvard University, where she worked on issues of law and policy affecting new media startups.

Isbell is a graduate of Harvard Law School where she was editor-in-chief of the Harvard Law Record. She received her undergraduate degree with honors in social and behavioral science at Johns Hopkins University.

NewsNet Issue 776
July 29, 2019

U.S. Copyright Office Opens Chief of Operations Search

The U.S. Copyright Office announces the search for a chief of operations. The chief of operations is a principal advisor to the Register of Copyrights on all aspects of operations and planning and is responsible for coordinating and directing certain operational activities of the Copyright Office, including human resources and administrative services.

This position is key to implementing the U.S. Copyright Office Strategic Plan, 2019–2023 and coordinates strategic planning for all components of the Copyright Office. With the Register of Copyrights, the chief of operations establishes short- and long-term goals for each office, consistent with the vision of the Register, as well as goals that cross the organization, developing a plan and methods to achieve those goals.  

Applications are due September 9. For more information and to apply for the position, visit the posting on USAJOBS. For more information about the U.S. Copyright Office, visit copyright.gov.

NewsNet Issue 775
July 15, 2019

Copyright Office Announces Fourth Modernization Webinar

The Copyright Office will host its fourth public modernization webinar on Thursday, July 25, 2019, at noon eastern time.�

The Office has received a number of questions on modernization and will use this webinar to highlight some of them to help explain the functions of the Enterprise Copyright System (ECS), future available data, and more. After the presentations, the panelists will answer additional questions submitted by the attendees.�

Participants must register for this Copyright Office webinar.�The Copyright Office launched its modernization webinar series on January 31, 2019. View past webinars and presentation slides on copyright.gov. The Office will continue to hold additional webinars every other month during modernization to keep the public informed about and involved in the modernization process. Future webinar dates and topics will be announced through NewsNet.

NewsNet Issue 774
July 11, 2019

Create an Adventure with Copyright

The U.S. Copyright Office is hosting the Copyright Matters event “Create an Adventure with Copyright” on Wednesday, July 31, at 10:00 a.m. eastern time, in the historic Coolidge Auditorium of the Library of Congress in the Jefferson Building in Washington, DC.

While copyright might not be the first thing that comes to mind when you think about taking an adventure, copyright and adventure actually go hand in hand. Have you seen a photograph of a beautiful location and then gone on your own adventure there? Or have you written a song about an incredible place you have visited? The event will celebrate the role copyright plays in inspiring adventure and how adventure promotes copyright, with a focus on the impact copyright has on photographs, travel books, music, TV shows, and movies.

Featured speakers include Jeanne M. Fink, vice president and senior associate general counsel, National Geographic Society; John Hessler, author and curator of the Kislak Collection of the Archaeology of the Early Americas, Library of Congress; Andrea Sachs, travel reporter, The Washington Post; and Shodekeh, professional beatboxer, hip-hop vocal percussionist, breath artist.

The event will also be livestreamed.

Please visit the Copyright Office website to register for the event and to stay up-to-date about this program and speakers. Request ADA accommodations five business days in advance at (202) 707-6362 or at ada@loc.gov.

NewsNet Issue 773
July 5, 2019

Copyright Office Issues Final Rule Designating Mechanical Licensing Collective and Digital Licensee Coordinator Under the Music Modernization Act

The U.S. Copyright Office has designated entities to serve as the mechanical licensing collective (MLC) and the digital licensee coordinator (DLC) under the Orrin G. Hatch–Bob Goodlatte Music Modernization Act (MMA).

The MMA directs the Register of Copyrights to designate a nonprofit entity operated by copyright owners as the MLC, which will administer the statute’s new blanket compulsory licensing system for digital music providers beginning on January 1, 2021. Among other duties, the MLC will be responsible for receiving usage reports from digital music providers, collecting and distributing royalties, and administering a process by which copyright owners can claim ownership of musical works (and shares of such works). The MMA also authorizes the Register to designate an entity as the DLC, which will represent digital music services in the administration of the license.

To make these selections, the Office conducted an extensive public inquiry in which it solicited proposals from entities seeking to be designated as the MLC or DLC, as well as comments from interested members of the public. In response, the Office received over 600 comments from stakeholders throughout the music industry, including numerous copyright owners who provided endorsements for one or more of the entities seeking designation.

Based on this record and the statutory selection criteria, the Register has designated Mechanical Licensing Collective, Inc. as the MLC, and Digital Licensee Coordinator, Inc. as the DLC. The Office looks forward to working with these entities and other stakeholders as the MMA implementation process continues.

Additional information about the designation proceeding is available here.

NewsNet Issue 772
June 25, 2019

U.S. Copyright Office Releases Pay.gov Form For SA3 Cable Systems to Pay the Sports Surcharge

On December 6, 2018, the Copyright Royalty Board issued a final rule, effective January 1, 2019, that requires affected cable systems to pay a separate per-program royalty (the Sports Surcharge) in addition to the requisite royalties under the section 111 license. The Sports Surcharge applies only to certain Form SA3 filers for the secondary transmission of live, non-network broadcasts of sports events on a distant television station carried by the cable system that would have been subject to blackout under the Federal Communication Commission’s sports exclusivity rule (FCC Sports Blackout Rule) prior to its repeal in 2014.

The Copyright Office has released a Sports Surcharge Addendum (Form SS), accessed through Pay.gov, for cable systems required to pay the Sports Surcharge. To access the Sports Surcharge Addendum, click here. To access instructions on filing the Sports Surcharge Addendum, click here.

NewsNet Issue 771
June 21, 2019

U.S. Copyright Office Revises Proposed Rulemaking on Recordation and Group Registration Fees

As part of its ongoing fee study, the Office is releasing a revised fee schedule regarding additional proposed changes for document recordation and two newly proposed group registration options. As explained in the notice, the Office proposes to adjust the fees for document recordation from a formula based solely on the number of recorded titles to a formula based on the number of works and alternate titles and registration numbers to which a document pertains to better distribute costs among remitters based on the size of their filing. The supplemental notice also announces the Office’s intention to issue fees for its newly proposed group registration options for short online literary works and for works contained on an album of music.

This supplemental notice follows a round of public comment in response to an overall fee schedule proposed in May 2018. While the Office is not currently seeking additional comment on those fees announced in May 2018, the Office’s careful consideration of those comments will be reflected in its forthcoming study submitted to Congress pursuant to 17 USC 701(b), as well as any eventual adjustment instituted to the fee schedule.

The Office welcomes public comment on these additional proposed changes regarding document recordation and the new group options before the Office’s full fee schedule is submitted to Congress.

The supplemental notice and instructions on how to submit a comment are available here. Written comments must be received no later than July 22, 2019, at 11:59 p.m. eastern time.

NewsNet Issue 770
May 31, 2019

Copyright Office Announces Open Application Period for Ringer Fellowships

The United States Copyright Office is now accepting applications for the Barbara A. Ringer Copyright Honors Program. This fellowship, which runs eighteen- to twenty-four months, was created for attorneys in the initial stages of their careers who demonstrate exceptional ability and interest in copyright law. Ringer Fellows work closely with senior attorneys and others in the Office of the General Counsel, the Office of Policy and International Affairs, the Office of the Register, and the Office of Registration Policy and Practice on a range of copyright-related law and policy matters. Ringer Fellows serve as full-time federal employees for the term of their fellowships and are eligible for salary and benefits as permitted under federal law.

Additional details about the Ringer Fellowship, including the application process, can be found on the Barbara A. Ringer Copyright Honors Program website. Applications will be accepted through September 30, 2019.

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NewsNet Issue 769
May 20, 2019

Copyright Office Institutes New Group Registration Procedure for Works on an Album

The U.S. Copyright Office is proposing to create a new group registration option for musical works, sound recordings, and certain other works contained on an album.  The proposed rule will expand the registration options currently available to register multiple musical works or sound recordings under one application by adding an option to be known as “Group Registration for Works on an Album of Music” or “GRAM.” In particular, this proposed group registration option will permit the registration of multiple musical works and/or sound recordings distributed together using a single electronic application, regardless whether such distribution occurs via physical or digital media.  The Office proposes these changes to encourage broader participation in the registration system by reducing registration burdens on applicants, and seeks public comments on this proposed rulemaking.  

The notice of proposed rulemaking and instructions on how to submit a comment are available here. Written comments in response to the notice of proposed rulemaking published on May 20, 2019 must be received no later than 11:59 p.m. eastern time on July 19, 2019.

NewsNet Issue 768
May 17, 2019

Copyright Office Announces Third Modernization Webinar

The Copyright Office will host its third public modernization webinar on May 30, 2019, at noon eastern time. This webinar will focus on how data management will be applied in relation to copyright data and modernization.

As the Copyright Office modernizes, we’re taking a close look at how we handle our data. The better we manage data, the more effective we’ll be in making decisions. One of our most important goals is to offer quick and easy access to accurate copyright information. Good data management helps make that possible. Suman Shukla, who serves as the Copyright Office’s Data Management section head, will discuss standards for collecting, storing, and analyzing data to better serve the public.

Participants must register for this Copyright Office webinar. The Copyright Office launched its modernization webinar series on January 31, 2019. View past webinars and presentation slides on copyright.gov. The Office will continue to hold additional webinars every other month during modernization to keep the public informed about and involved in the modernization process. Future webinar dates and topics will be announced through NewsNet.

NewsNet Issue 767
May 10, 2019

U.S. Copyright Office Extends Comment Period for Proposed Updates to the�Compendium of U.S. Copyright Office Practices, Third Edition

On March 15, 2019, the U.S. Copyright Office released a revised draft of the�Compendium of U.S. Copyright Office Practices, Third Edition, for public comment. To ensure that members of the public have sufficient time to review and provide comments on the revisions, the Office is extending the comment submission deadline until the end of the month. Written comments must be received no later than May 31, 2019, at 11:59 p.m. eastern time.�This extension will be published in the Federal Register early next week.

Instructions on how to submit a comment are available here.�

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NewsNet Issue 766
May 10, 2019

Library of Congress Publishes Results of an Independent Audit of the Fiscal Year 2018 Fiduciary Financial Statements

Earlier this year, the Library of Congress contracted with an independent public accounting firm, Cotton & Company LLP, to conduct an audit of the financial statements prepared for the fiduciary assets administered by the Copyright Office's Licensing Division. The purpose of this independent audit was to provide an opinion on the fairness of the statements in accordance with generally accepted accounting principles and to report on internal control over financial reporting and compliance with applicable laws and regulations.

The audit found:

• The fiduciary financial statements for fiscal year 2018 are presented fairly;
• No material weakness or significant deficiencies were present in the internal control over financial reporting; and
• There is no reportable noncompliance with the provisions of applicable laws and regulations.

For more about the results of this audit, read the recently published report, Statutory Licensing Fiduciary Assets Financial Statements and Independent Auditors' Report.

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NewsNet Issue 765
April 24, 2019

Maria Strong Appointed Director of Policy and International Affairs

Register of Copyrights Karyn A. Temple announced that Maria Strong will serve as Associate Register of Copyrights and Director of Policy and International Affairs at the United States Copyright Office, effective April 23, 2019. Strong has served as deputy director of policy and international affairs for the Copyright Office since January 2015.

"Maria has been a valued part of the leadership team for many years," said Temple. "The Office has often benefitted from her wise counsel, stewardship, and well-known expertise in copyright law. She will continue to be an important asset to the Office in her new position."

In her position, Strong will assist the Register with critical policy functions of the Office, including domestic and international policy analyses, legislative support, and trade negotiations. She directs the Office of Policy and International Affairs, which represents the U.S. Copyright Office at meetings of government officials concerned with the international aspects of copyright protection and enforcement, and provides regular support to Congress and its committees.

Upon joining the Copyright Office in 2010, Strong served as senior counsel for policy and international affairs and also served as acting general counsel from April to July 2013. Before joining the Office, she spent nineteen years in private practice in Washington, DC, where she represented clients in the media, technology, and entertainment sectors and provided analyses and advocacy on global and domestic issues involving copyright law, enforcement, trade policy, and e-commerce. She began her legal career as a staff attorney at the Federal Communications Commission.

Strong earned her JD from George Washington University Law School, her MA in communications management from the University of Southern California’s Annenberg School of Communications, and her BA in communication studies from UCLA.

NewsNet Issue 764
April 23, 2019

Copyright Office Adopts Final Rule Regarding Registration of Architectural Works

The U.S. Copyright Office has issued a final rule regarding registration of architectural works, adopting in full a proposed rule following a period of public comment. This rule provides that, other than exceptional cases, applicants must submit their claims using the online Standard Application. The rule also encourages applicants to upload digital copies of their works through the electronic registration system, rather than submitting physical copies, and clarifies what aspects of the architectural plan must be visually perceptible from the deposit copies. Finally, the rule clarifies that applicants must provide a date of construction for a building only if the work was embodied in unpublished plans or drawings on or before December 1, 1990 and if the building was constructed before January 1, 2003. More information can be found here.

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NewsNet Issue 763
April 23, 2019

Copyright Office Releases Moral Rights Report

The U.S. Copyright Office today released its report, Authors, Attribution, and Integrity: Examining Moral Rights in the United States. The report details the findings of the Office's extensive review of the U.S. framework for moral rights. Moral rights refer to certain noneconomic rights that are considered personal to an authorachief among these being the right of an author to be credited as the author of his or her work (the right of attribution) and the right to prevent prejudicial distortions of the work (the right of integrity).

The Copyright Office concludes that the U.S. moral rights framework (which includes a variety of federal and state laws) continues to provide important protections, despite there being some room for improvement. The Office does suggest some areas where preferred interpretations of judicial decisions and even legislative considerations could improve the landscape of protection for authors. Possible legislative changes for consideration include amendments of the Visual Artists Rights Act (VARA), the Lanham Act, and a possible new provision in Title 17 expanding recourse for removal or alteration of copyright management information. In addition, the Office has identified issues for Congress to consider should it contemplate developing a federal right of publicity.

Karyn A. Temple, Register of Copyrights, stated, “The United States has long provided moral rights through a patchwork that includes copyright and other federal laws, state laws such as unfair competition, and robust private ordering. Our exhaustive study of the current landscape of moral rights in the United States finds that this approach continues to provide important protections for authors in the digital age, but that there are areas that Congress may wish to enhance under the U.S. moral rights framework. This report provides a roadmap for doing so.”

The full report, along with public comments and information on a symposium held on this subject, is available on the Copyright Office’s website at https://www.copyright.gov/policy/moralrights/.

NewsNet Issue 762
April 11, 2019

Electronic Copyright Office (eCO) System Users Must Update Their Passwords Every Sixty Days

Beginning April 14, 2019, users of the Electronic Copyright Office (eCO) system will need to reset their passwords every sixty days.

Users who attempt to login with a password that has already expired will be taken directly to a screen to reset it. Users who have a password within a few days of expiring will be prompted to reset the password after logging into eCO.

eCO users will receive notification in advance of the date by which the password must be changed. If no action is taken to change the password, users will receive an email about the password expiration. For more information, contact CSDTech@copyright.gov.

NewsNet Issue 761
April 9, 2019

U.S. Copyright Office Issues Final Rule Regarding the Noncommercial Use Exception to Unauthorized Uses of Pre-1972 Sound Recordings

Pursuant to the Classics Protection and Access Act, title II of the Orrin G. Hatch–Bob Goodlatte Music Modernization Act (“MMA”), the Copyright Office has issued a final rule regarding the noncommercial use exception to unauthorized uses of sound recordings fixed before February 15, 1972 (“Pre-1972 Sound Recordings”), effective May 9, 2019.

In connection with the establishment of federal remedies for unauthorized uses of Pre-1972 Sound Recordings, Congress established an exception for certain noncommercial uses of Pre-1972 Sound Recordings that are not being commercially exploited. To qualify for this exemption, a user must file a notice of noncommercial use after conducting a good faith, reasonable search, and the rights owner of the sound recording must not object to the use within 90 days of the notice being indexed in the Copyright Office’s public record.

After soliciting public comments through a notice of inquiry and a notice of proposed rulemaking, the Office has issued a final rule identifying the specific steps that a user should take to demonstrate she has made a good faith, reasonable search. The proposed rule also details the filing requirements for the user to submit a notice of noncommercial use and for a rights owner to submit a notice objecting to such use.

NewsNet Issue 760
April 5, 2019

Copyright Office Launches Strategic Plan 2019–2023

The U.S. Copyright Office released today its strategic plan that sets priorities of the Office for the next five years. The plan describes how the Office will streamline and improve the efficiency of services while actively participating in discussions, both national and international, on ways to further transform the Office to better meet the needs of a modern digital society.

Six focus areas, Information Technology Modernization, Optimizing Business Processes, Organizational Change Management, Education and Engagement, Impartial Expertise on Copyright Law and Policy, and Measuring Success, set the themes for goals that fulfill the Office’s mission. The themes reflected in the United States Copyright Office 2019–2023 Strategic Plan, also align with the Library of Congress’s strategy framework: Expand Access, Enhance Services, Optimize Resources and Measure Impact. “These are exciting times at the Copyright Office,” said Karyn A. Temple, Register of Copyrights. “The Office looks forward to the challenge and the opportunity of remaking itself for the twenty-first century.”

The Office has committed itself to adopting quantifiable, measurable goals and benchmarks to improve transparency regarding the pace and progress of Office modernization. Throughout this process, the Office will seek continued engagement with stakeholders through a multiplatform communications plan that focuses on reaching people where they are and through the means by which they prefer to communicate. The Strategic Plan is available here.

NewsNet Issue 759
April 1, 2019

Celebrate World IP Day 2019 with the Copyright Office

The U.S. Copyright Office will celebrate World Intellectual Property Day with a special event on Thursday, April 25, 2019, at 2:00 p.m. eastern time 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 “Reach for Gold: IP and Sports.”

The Copyright Office’s program will explore the unique and sometimes surprising relationship between sports and copyright. We will look at different points at which sports and copyright intersect, including how people watch games from home, the various ways athletes work with copyright to develop merchandise and more, and the burgeoning world of esports.

Featured speakers include Derrick Heggans, founder and CEO of Global Sports and Entertainment Business Academy (GSB Academy); Delara Derakshani, counsel, tech policy, Entertainment Software Association; and Robert Garrett, senior counsel, Arnold & Porter.

This event will also be livestreamed.

We will continue our celebration of World IP Day Saturday, April 27, at 10:30 a.m. with a special copyright-focused Story Time at the Young Readers Center at the Library of Congress. WeE1/4ll use song, stories, and activities to introduce copyright concepts and highlight the power of taking ideas and making them into creative works. This event is great for families with children from 5 to 10 years old.

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 Copyright Office World IP Day website to register for the events and to stay up-to-date about these programs and speakers. Request ADA accommodations five business days in advance at (202) 707-6362 or ada@loc.gov.

NewsNet Issue 758
March 27, 2019

Karyn A. Temple Is Named Register of Copyrights

NewsNet Issue 757
March 22, 2019

U.S. Copyright Office Issues Final Rule Updating Section 115 Compulsory License Regulations

NewsNet Issue 756
March 22, 2019

U.S. Copyright Office Issues Final Rule Regarding Schedules of Pre-1972 Sound Recordings and Notices of Contact Information for Transmitting Entities

NewsNet Issue 755
March 18, 2019

Copyright Office Announces Second Modernization Webinar

The Copyright Office will host its second public modernization webinar on March 28, 2019, at noon eastern time. This webinar will focus on the development of�user-centered design principals, such as evaluating how people use and experience online services, to better inform development of future interfaces.

Panelists will discuss the importance of testing with internal and external audiences. These tests are part of an overall effort to shape designs for a reimagined registration system. Webinar presenters will share some conceptual designs and features being considered for system development.�To participate in this webinar, register here.

The Copyright Office launched its modernization webinar series on January 31, 2019. The Copyright Office will continue to hold additional webinars every other month during modernization to keep the public informed about and involved in the modernization process. Future webinar dates and topics will be announced through NewsNet.

NewsNet Issue 754
March 15, 2019

Group Registration Procedure for Unpublished Works Takes Effect Today

Starting today, the Group Registration for Unpublished Works (GRUW) option replaces the Unpublished Collections registration procedure. Applicants may no longer submit claims for unpublished collections on the Standard Application or a paper application. Applicants must use the new GRUW Online Application and must submit electronic deposits for each of the works included in the claim.

The new procedure benefits authors of unpublished works by creating a detailed public record of their registration that will identify by title all the works covered by their claim. Additionally, every work included in a GRUW application will be separately examined by the Copyright Office’s registration staff.

A GRUW application may include up to ten works.¹ The works may be individual works, joint works, or derivative works. All the works in the application must have the same author or co-authors and be of the same type. Additionally, all authors must be named as copyright claimants.

Databases, collective works, compilations, and websites are not eligible for this type of registration.

Regulations governing GRUW are found at section 202.4(c) of Title 37 of the Code of Federal Regulations. Supplementary registrations will be available. An applicant should contact the Office of Registration Policy and Practice for instructions on filing a supplementary registration.