Register of Copyrights
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| Register of Copyrights | |
|---|---|
| Post | Register of Copyrights |
| Body | United States Copyright Office |
| Incumbent | Shira Perlmutter |
| Incumbentsince | 2020 |
| Department | Library of Congress |
| Reports to | Librarian of Congress |
| Appointed by | Librarian of Congress |
Register of Copyrights The Register of Copyrights is the chief executive of the United States Copyright Office within the Library of Congress, responsible for administering federal copyright law, advising the United States Congress and representing the Office before courts, agencies, and international organizations such as the World Intellectual Property Organization, the World Trade Organization, and the Berne Convention for the Protection of Literary and Artistic Works. The Register interacts with stakeholders including publishers, creators represented by Authors Guild, rights holders such as Sony Corporation, and technology companies including Google LLC and Meta Platforms, Inc. while coordinating with agencies like the United States Patent and Trademark Office and the National Archives and Records Administration.
Role and responsibilities
The Register oversees registration and recordation functions under the Copyright Act of 1976 and subsequent amendments, administers statutory licenses for entities such as SoundExchange and Public Broadcasting Service, and issues policy statements on subjects touching Bureau of Economic Analysis data, digital rights management debated by Electronic Frontier Foundation and RIAA. The Register provides expert testimony to committees such as the United States Senate Committee on the Judiciary and the United States House Committee on the Judiciary, submits rulemakings under the Administrative Procedure Act, and negotiates international agreements involving the European Union, United Kingdom, Japan, and World Intellectual Property Organization. The Register also maintains records used by courts including the United States Court of Appeals for the Federal Circuit, the United States District Court for the Southern District of New York, and the Supreme Court of the United States in cases involving authors like James Joyce estates, publishers such as Penguin Random House, and film companies including Walt Disney Studios.
History and development
The office emerged from 19th-century statutory developments starting with the Copyright Act of 1790 and later acts including the Copyright Act of 1909 and the Copyright Act of 1976, shaped by figures such as John D. Rockefeller Jr.'s philanthropy, legislative actions by representatives like Samuel F. Vinton, and international milestones like the Berne Convention accession. Registers have navigated disputes involving prominent works including Ulysses, The Beatles catalog controversies, and technological shifts brought by Sony Corp. of America v. Universal City Studios, Inc. and the rise of services such as Napster. Institutional reforms have paralleled developments at the Library of Congress and interactions with commissioners like the 1994 Register and directors tied to administrations including Barack Obama and Donald Trump.
Appointment and tenure
Historically appointed by the Librarian of Congress, Registers have included career officials and political appointees whose tenures have intersected with administrations like William Howard Taft through Joe Biden. Proposals in the United States Congress have sought to change appointment authority to President of the United States with Senate confirmation, generating debates involving senators from committees such as the Senate Committee on the Judiciary and interest groups like the Motion Picture Association of America and Public Knowledge. Tenure varies, with some Registers leaving under administrations like George W. Bush and others serving multi-year terms spanning presidencies such as Bill Clinton and George H. W. Bush.
Organizational structure and staff
The Register leads divisions including Registration Policy, Recordation, Policy and International Affairs, and the Office of General Counsel, coordinating with legal advisors experienced in precedents from cases at the United States Court of Appeals for the Second Circuit and rulemakings influenced by the Administrative Procedure Act. Staff include examiners who apply standards from the Copyright Act of 1976, policy analysts who engage with international fora such as the World Intellectual Property Organization and World Trade Organization, and librarians tied to collections at the Library of Congress and collaborations with institutions like the Smithsonian Institution and the National Endowment for the Arts.
Major initiatives and policy actions
Registers have led initiatives on orphan works influenced by litigation involving estates of authors like Mark Twain, digital registration modernization interacting with Amazon.com, Inc. and Apple Inc., rulemakings on automated notices debated by ViacomCBS and YouTube (Google) and the implementation of statutory licenses affecting SoundExchange and ASCAP. The Office has issued position papers on fair use cases including disputes about Cariou v. Prince and technological measures under Digital Millennium Copyright Act provisions, participated in treaty negotiations such as the Marrakesh Treaty, and advanced programs for public access and transparency cooperating with entities like the Internet Archive.
Legal authority and statutory framework
The Register operates under statutes codified in Title 17 of the United States Code and derives procedural authority from acts including the Copyright Act of 1976, the Digital Millennium Copyright Act, and provisions of the Library of Congress Fiscal Operations. Judicial interpretation by courts including the Supreme Court of the United States, the United States Court of Appeals for the Federal Circuit, and district courts shapes the Register’s discretion, while statutes such as the Marrakesh Treaty Implementation Act and international agreements like the Berne Convention influence policy. Congressional oversight from committees such as the United States House Committee on the Judiciary establishes reporting requirements and resources that frame the Office’s statutory duties.