Tag Archives: Copyright Office

U of I System Weighs in on Sovereign Immunity

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In June 2020, the United States Copyright Office put out a request for public input on issues related to states’ liability in cases of copyright infringement. This topic was brought to public attention in March during Alan v. Cooper, where the Supreme Court found it unconstitutional to repeal state’s sovereign immunity in cases of copyright infringement since there was not enough evidence to justify this action. This means that creators whose copyright is violated by the state do not have clear next steps for how to proceed with litigation.

To determine how to move forward, the U.S. Copyright Office was asked to study the extent to which states violate copyright, whether there is a remedy for the creator, and whether the violation is a result of intentional or reckless behavior. The study will inform the decision to repeal this immunity enjoyed by states, which would certainly have consequences for institutions like universities and libraries.

Reading room of the Main Library at the University of Illinois. Large room with tall white ceiling, large windows, light fixtures, and wooden tables and chairs.

“Main Library”. wabisabi2015. Licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 2.0 license. https://flic.kr/p/238q6et

As a state-funded, land-grant institution, the University of Illinois system is a major stakeholder in this conversation. The University system both consumes and creates a huge amount of copyrighted material and has a responsibility for making sure our community is following copyright law. We also need to make sure we have the freedom to use and share copyrighted materials to help foster the scholarly and educational mission of the institution.

So, Sara Benson, Copyright Librarian and interim head of the Scholarly Commons, and Scott Rice, Deputy University Counsel, submitted their own response to the United States Copyright Office on behalf of the University of Illinois system. They are currently awaiting a response, which is due by October 22, 2020. In this document, Sara describes some of the ways she educates our community on issues of copyright in her role at the library to help us all contribute to a culture of copyright awareness. This is because the responsibility for following copyright law primarily falls to individual people to make the right choices.

And, for the most part, we do! Sara and Scott say that the University system only experiences 3-6 copyright infringements a year, and that these infringements are not the result of intentional or reckless behavior. The University of Illinois community makes a good-faith effort not to infringe copyright, and will continue to be diligent in face of potential legislation that might increase our liability for copyright violations.

Maintaining our ability to use copyrighted materials in our teaching and research is a group effort. So what can you do to be a good copyright actor? Here are a few tips to get you started:

  • Cite your sources! Including attribution shows a good-faith effort to credit the original creator. While this doesn’t necessarily protect you from claims of infringement, it is helpful for showing that the work wasn’t used maliciously.
  • Learn about Fair Use! Fair Use is a great way to think through whether your use of copyrighted materials is permissible. But, keep in mind that only a lawyer can give you advice on whether your use is a fair use.
  • Ask for help! When in doubt, asking for a second opinion is a good way to avoid copyright infringement. Email Sara Benson at srbenson@illinois.edu with your copyright questions (please note that Sara cannot provide legal counsel).

Check out the library’s Copyright Reference Guide for even more tips on how to be a good copyright-actor!

New Register of Copyrights

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On September 21, the Librarian of Congress Dr. Carla Hayden announced her appointment of  Shira Perlmutter as the next U.S. Register of Copyrights. While the Register of Copyrights (the Register) role may not be the most publicly visible position in the Library of Congress, the Register plays a significant role in influencing and upholding copyright laws.

Picture of Shira Perlmutter speaking at a podium

Shira Perlmutter, Register of Copyrights

To help you gain a better understanding of what the Register of Copyrights does and how they may impact your life as a researcher and/or consumer of public information, we created a list of  important information you should know about the U.S. Copyright Office and the Register of Copyrights.

What is the Register of Copyrights?

The Register of Copyrights is the director of the U.S. Copyright Office, the principal federal agency that administers the U.S. Copyright Act. The Register is responsible for administering the provisions of copyright and related laws set out in Title 17 of the United States Code. The law directs the Register to advise Congress on national and international issues related to copyright laws, provide information and assistance on copyright matters to other federal agencies and the judiciary, conduct studies and programs regarding copyright, and participate in meetings of international intergovernmental organizations and meetings with foreign government officials.

Additionally, the Register is responsible for allocating financial and other resources to ensure that the Copyright Office’s programmatic mission and objectives are met. The Register oversees Copyright Office employee functions such as registration, recordation, statutory licensing, law and policy, public information and education, operations, and modernization program activities.

Who is Shira Perlmutter?

Shira Perlmutter is one of the nation’s most preeminent copyright experts. Prior to her appointment as the 14th U.S. Register of Copyrights, Shira Perlmutter served as the United States Patent and Trademark Office’s (USPTO) Chief Policy Officer and Director for International Affairs.

All together, Perlmutter has more than 20 years of experience working on copyright and other intellectual property issues, in a variety of public and private sector positions. During her tenure at the USPTO, she led the work of the Office of Policy and International Affairs in contributing to domestic and international IP policy development, represented the United States in negotiations at the World Intellectual Property Organization, oversaw the USPTO’s economic research, international education and IP attaché programs, and managed the USPTO’s work with the United States Trade Representative on matters involving IP and trade.

Coming into the position, Perlmutter has also been vocal about her advocacy of fair copyright laws. Prior to her appointment Perlmutter has given public lectures on copyright, stating that Americans desire copyright laws that make sense and that reflect the technologies currently in use. Furthermore, she has expressed desires for laws that keep pace with modern technology.

Implications of Perlmutter’s Appointment

With her new appointment as the Register of Copyrights, she is now in a position to potentially make some of those updates. Assuredly, one of the policy areas in copyright law that demands a new approach is technology.

For example, new technologies like facial recognition and artificial intelligence have been plagued by racial and gender bias, and Internet platforms like Facebook, YouTube, Instagram, and Twitter have amplified hate speech, disinformation, and conspiracy theories. Additionally, as digital streaming continues to establish its dominance in the music industry, it raises the question of how the federal government should modernize copyright laws for music and audio recordings.

Unlike her predecessors, Perlmutter will have to learn to provide guidance on copyright laws and privacy issues while dealing with big tech corporations with trillion dollar market caps and major lobbying influence. Depending on how she wields her influence, Perlmutter’s decisions as the new Register could have long-lasting implications in the fields of copyright, privacy, and intellectual property.

To learn more about the U.S. Copyright Office and Register Perlmutter, visit the Copyright Office’s website.

Resources Consulted:

Keyes, J. (2019, November 14). The Katy Perry Verdict Proves Our Music Copyright Laws Need a Tune Up. Retrieved September 28, 2020, from https://www.ipwatchdog.com/2019/08/29/katy-perry-verdict-proves-music-copyright-laws-need-tune/id=112644/.

U.S. Copyright Office. Leadership and Offices. Retrieved September 28, 2020, from https://www.copyright.gov/about/leadership/.

United States Patent and Trademark Office. (2020, September 21). Shira Perlmutter, USPTO Chief Policy Officer and Director for International Affairs, appointed Register of Copyrights. Retrieved September 28, 2020, from https://www.uspto.gov/about-us/news-updates/shira-perlmutter-uspto-chief-policy-officer-and-director-international.

Closed Doors or Open Access?: Envisioning the Future of the United States Copyright Office

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Copyright Librarian Sara Benson

It’s Copyright Week! For today’s theme of “transparency”, Copyright Librarian Sara Benson discusses her thoughts on the Copyright Office activities to review Section 108.

In 2005, the Copyright Office, under the guidance of the Register of Copyrights at the time, Mary Beth Peters, called for a Study Group to convene and review possible amendments to Section 108. A follow up meeting was held in 2012. These meetings were not unusual, but what followed them, was both strange and unsettling.

The procedures after the Study Group, which took place in the summer of 2016 under the guidance of Maria Pallante, were unusual in that they took place in face-to-face meetings between concerned citizens and members of the Copyright Office rather than in a call for online communications between citizens and the Office. On the one hand, this gave the members of the Office a chance to engage in a dialogue with the concerned citizens. On the other, it meant that generally only those with the resources to travel to Washington, D.C. were privileged with the ability to engage with the members of the Office. However, the Office did note that it would engage in telephone conversations, if necessary. In any event, none of these conversations were ever made public.

At that time, it seemed that the Copyright Office was making an intentional move away from a public debate about copyright to a cloistered room with a privileged few. In my view, that move was undemocratic and should be discouraged in the future. Indeed, although the Copyright Office did publish a list of individuals and organizations it met with to discuss Section 108, but the actual subject and content of those discussions remains a mystery.

Notably, shortly after taking office as the new Librarian of Congress, Dr. Carla Hayden removed Maria Pallante from her position as Register of Copyrights. Does this signal a move away from the process that was undertaken to review Section 108? Likely it does, as Librarian of Congress Dr. Hayden has recently taken further steps towards listening to the views of the multitude by openly polling the public about what we would like to see in the next Register of Copyrights.

This is an exciting time to engage with the Copyright Office under Dr. Hayden’s leadership. I encourage everyone reading this essay to add your voice to the ongoing discussions about the changes to the Office, including the selection of the new Register of Copyrights and beyond.