NewsNet Issue 749
February 13, 2019
U.S. Copyright Office Publishes Final Rule Amending Freedom of Information Act Practices and Procedures
The Copyright Office has adopted a final rule, effective March 15, 2019, amending Freedom of Information Act (FOIA) practices and procedures. In 2017, the Office issued an interim rule, implementing the FOIA Improvement Act of 2016. The final rule makes minimal amendments to the interim rule in response to public comments and updated guidance from the Department of Justice. Specifically, the updated final rule alerts requesters as to the availability of Office of Government Information Services when providing notice of unusual circumstances and adopts streamlined fee waiver procedures. The regulations provide a clear structure for the required regulatory provisions of FOIA, formalize Office practices of multitrack processing and aggregation, and provide areas of enhanced customer service. The rule and comments are available here.
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NewsNet Issue 748
February 13, 2019
U.S. Copyright Office Issues Updated Rule Relating to Group Registration of Newspapers
The U.S. Copyright Office has published a final rule in the Federal Register amending its regulations for the group registration of newspapers. The Office previously updated its newspaper group registration regulations in March 2018, implementing several changes to promote efficiency in the registration process and encourage broader participation in the registration system by reducing the burden on applicants. Among other changes, the rule enabled publishers to register a group of newspapers by submitting an electronic application and a PDF copy of each issue within three months after the publication of the earliest issue in the group.
In response to concerns expressed by some publishers over the burdens presented by the three-month deadline, the Office has amended the regulations to eliminate that requirement. Publishers now will be permitted to submit group registration claims regardless of when their newspaper issues were published. Likewise, publishers may electronically file new applications for claims that were refused because they were filed on a paper form or without a digital deposit, or because they were received after the three-month deadline.
The Office will monitor the effect of this change on registrations and Library of Congress collections. In the meantime, the Office has prepared a number of materials to assist applicants seeking to utilize the newspaper group registration option, including a video tutorial, answers to frequently asked questions, and a circular.
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NewsNet Issue 747
February 13, 2019
U.S. Copyright Office Issues Final Rule Establishing Group Registration for Unpublished Works
As part of its efforts to modernize and improve the registration process, the U.S. Copyright Office has adopted a final rule, effective March 15, 2019, that establishes a group registration option for unpublished works. This new rule will allow copyright owners to register up to ten unpublished works for a single filing fee, provided each work has the same author and claimant and is the same administrative class. The rule replaces the option to register unpublished collections. The rule will facilitate efficient examination of unpublished works for copyrightable authorship, create a more robust record of claims, and improve the overall efficiency of the registration process.
Important note for photographers: Today’s rule does not replace the procedure for registering unpublished photographs. Photographers may continue to register up to 750 photos with one application and one filing fee using the group registration option for photographs. For more information, see Circular 42.
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NewsNet Issue 746
February 8, 2019
Copyright Office Applauds United States Joining the Marrakesh Treaty
Today, the United States officially joined the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (“Marrakesh Treaty”) by depositing its instrument of ratification with the World Intellectual Property Organization (WIPO). This means that the United States’ obligations under the Marrakesh Treaty enter into force in ninety days, on May 8, 2019.
Karyn A. Temple, Acting Register of Copyrights, stated, “The United States’ formal membership in the Marrakesh Treaty marks a major achievement for our country and a significant positive step forward for the millions of persons who are blind and visually impaired throughout the world. The United States will now join our fellow nations in promoting greater accessibility to print materials around the globe.”
The Marrakesh Treaty requires its contracting member nations to make it easier for those with print disabilities to access printed works in accessible formats such as Braille and digital audio files. It also establishes rules for the international exchange of accessible format copies. The Marrakesh Treaty was adopted at a diplomatic conference in June 2013 and the treaty entered into force in September 2016. The United States is the 50th WIPO member state to deposit its instrument.
Current materials on the implementation of the Marrakesh Treaty in U.S. law are available on the Copyright Office website at https://www.copyright.gov/international-issues/.[ + ]
NewsNet Issue 745
February 5, 2019
U.S. Copyright Office Issues Notice of Proposed Rulemaking 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 notice of proposed rulemaking regarding the noncommercial use exception to unauthorized uses of sound recordings fixed before February 15, 1972 (Pre-1972 Sound Recordings).
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 ninety days of the notice being indexed in the Copyright Office’s public record.
After soliciting public comments through a notice of inquiry, the Office is proposing regulations 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.
The instructions on how to submit a comment are available here. Written comments must be received no later than March 7, 2019, at 11:59 p.m. eastern time.
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NewsNet Issue 744
February 1, 2019
Copyright Office Announces Additional Roundtable for Section 512 Study
The U.S. Copyright Office is announcing that it will hold a one-day public roundtable on April 8, 2019, in Washington, DC, to gather further input for its study on section 512. The roundtable will allow interested members of the public to address relevant domestic and international developments relating to online service provider liability that have occurred since the close of the study’s written comment period on February 6, 2017. Specifically, the roundtable will consider the following topics: (1) recent domestic case law interpreting provisions of the DMCA safe harbor framework and (2) recent international legal and policy developments related to addressing liability for infringing content online.
Those seeking to participate in the roundtable should complete and submit the online form available here. Requests to participate must be received no later than 11:59 p.m. eastern time on March 15, 2019. For further information on this study, please see https://www.copyright.gov/policy/section512/.
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NewsNet Issue 743
January 23, 2019
Copyright Office Modernization Webinar Series Kicks Off
The Copyright Office is modernizing! We are reimagining almost every aspect of the Office to enable us to provide the best services and information to the public that modern technology allows. On January 31 at noon eastern time, the Copyright Modernization Office (CMO) will host the first of a series of webinars to update the public on our ongoing modernization process. Acting Register of Copyrights Karyn A. Temple and CMO director Ricardo Farraj-Feijoo will welcome the public to hear more about these efforts. Future webinars, held every other month, will provide further opportunities for the creative community and the public at large to learn about our progress. Click here to register and access the webinar.
Individuals requiring accommodations for this event are requested to submit a request at least five business days in advance by contacting (202) 707-6362 or ADA@loc.gov.
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NewsNet Issue 742
January 18, 2019
Copyright Office Releases “Copyright and Visual Works: The Legal Landscape of Opportunities and Challenges”
The U.S. Copyright Office has submitted a letter to Congress detailing the results of the Office’s public inquiry on how certain visual works, particularly photographs, graphic artworks, and illustrations, are registered, monetized, and enforced under the Copyright Act of 1976. The Office sought commentary on the marketplace for these visual works, as well as observations regarding the real or potential obstacles that creators and users of visual works face when navigating the digital landscape. A number of stakeholders raised specific issues they face on a regular basis regarding current copyright law and practices that fall within three general categories: (1) difficulties with the registration process; (2) challenges with licensing generally and monetizing visual works online; and (3) general enforcement obstacles.
The Copyright Office takes these concerns seriously and has already taken steps to address them where it can, most notably with the ongoing Office modernization efforts in preparation for a wholesale technological upgrade to the Office’s systems. In other areas, the Office finds that legislative action is the best solution. The Office continues to strongly support the idea of a small copyright claims tribunal, as well as a legislative solution to the orphan works conundrum. Congress’ action in these two areas would go far to alleviate several important concerns raised by visual artists.
The letter, public comments, and background material are available on the Copyright Office website at https://www.copyright.gov/policy/visualworks/.
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NewsNet Issue 741
January 7, 2019
Copyright Office Seeks Website User Feedback
The Office of Public Information and Education (PIE) is taking a fresh look at the Copyright Office website – copyright.gov – to see how we can serve the public better.
To help us, and to better understand user experiences with copyright.gov, we are inviting external users to provide feedback on both website navigability (Can you find what you are looking for?) and content availability (What, if any, content would you like to see added or changed on copyright.gov?).
Please note that this exercise will not look at the recordation system or the online registration system (eCO) but instead will focus on the rest of copyright.gov. For more information on modernization of the recordation and registration systems, please visit our modernization page or contact the Copyright Modernization Office at email@example.com.
If you are interested in participating, please click here to respond via email by January 14, 2019. We plan on selecting participants from a cross-section of the copyright community and may not be able to accommodate every request to participate.
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NewsNet Issue 740
December 27, 2018
U.S. Copyright Office Issues Final Rule Relating to the Single Application
To reflect technical upgrades to its current electronic registration system, the U.S. Copyright Office has adopted a final rule, effective January 28, 2019, that updates its regulations regarding the eligibility requirements for the Single Application. Among other things, the rule confirms that the Single Application may be used to register one work that is created and solely owned by one author and is not a work made for hire. It also confirms that the Single Application may be used to register one sound recording and one musical work, literary work, or dramatic work—notwithstanding the fact that a sound recording and the work embodied in that recording are separate works. In addition, as explained in the notice of proposed rulemaking, the rule eliminates the “short form” version of the Office’s paper applications. The rule will also allow for paper applications to be certified with an electronic signature by removing the requirement that certification includes a “handwritten” signature of the certifying party. More information can be found here.
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NewsNet Issue 739
December 26, 2018
Copyright Office Proposes Updates to Regulations Governing Procedures for Registering Architectural Works
The U.S. Copyright Office is proposing to update its regulations governing the procedures for registering architectural works. Applicants will be required to submit their claims using the online Standard Application and will be encouraged to upload digital copies of their works through the electronic registration system rather than submitting physical copies. The proposed regulation also clarifies under what circumstances applicants must provide a date of construction for a building as well as the meaning of the phrases “overall form of the building” and “interior arrangements of spaces and/or design elements,” which are the aspects of the architectural work that must be perceptible in a deposit copy submitted by an applicant.
The Office invites public comments on the proposed rule. The proposed rule and instructions on how to submit comments are available here. Written comments must be received no later than February 11, 2019, at 11:59 p.m. eastern time.
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NewsNet Issue 738
December 21, 2018
Copyright Matters Event Celebrates the Public Domain
On January 1, 2019, works will enter the public domain in the United States for the first time in twenty years. The U.S. Copyright Office’s Copyright Matters event series is honoring this milestone by hosting “The Public Domain: Celebrating the Lifecycle of Copyright.” The event will take place January 16, 2019, 10:30 a.m.–noon in the Coolidge Auditorium in the Jefferson Building of the Library of Congress.
This event will focus on works entering the public domain in 2019 and how they can be used by creators. Three creators will present works they have made based on public domain works and will provide an overview of their creative process. They also will discuss what the public domain is and how it has changed since the internet.
The Metropolitan School of the Arts Advanced Choir will perform selections of material in the public domain. The eight students in this exclusive group are mostly music theater-focused, studying voice, dance, and theater in a conservatory-style performance arts program.
The Copyright Matters lecture series is a community forum of the U.S. Copyright Office that discusses the practical implications of copyright law in the twenty-first century, provides education and training to the staff of the U.S. Copyright Office, and offers programming for the public. A wide range of invited speakers—including Congressional leaders, authors and performers, company representatives, legal scholars, and Copyright Office staff—have delivered presentations on issues of topical importance since the series started in 2011. Lectures and events take place at the historic Library of Congress and include discussions on issues such as authorship, copyright registration, marketplace developments, fair use, international norm setting, copyright enforcement, and other issues related to copyright law in the digital age.
For more information, click here.
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NewsNet Issue 737
December 21, 2018
U.S. Copyright Office Issues Notice of Proposed Rulemaking to Create Group Registration Option for Short Online Literary Works
The Copyright Office has published a notice of proposed rulemaking to create a group registration option for short online literary works. To qualify for this option, each work must contain at least 100 but no more than 17,500 words. The works must be created by the same individual, and that individual must be named as the copyright claimant for each work. The works must all be published online within a three-calendar-month period. If these requirements have been met, the applicant may submit up to 50 works with one application and one filing fee. The applicant must complete the online application designated for a “literary work” and upload a digital copy of each work.
The Office seeks public comments on the proposed rulemaking, which will be considered in promulgating a final rule.
The proposed regulation and instructions on how to submit a comment are available here. Written comments must be received no later than February 19, 2019, at 11:59 p.m. eastern time.
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NewsNet Issue 736
December 21, 2018
U.S. Copyright Office Issues Notice of Inquiry Regarding Designation of Mechanical Licensing Collective
Pursuant to the Musical Works Modernization Act, title I of the recently-enacted Orrin G. Hatch–Bob Goodlatte Music Modernization Act (MMA), the U.S. Copyright Office has issued a notice of inquiry seeking public comment regarding the designation of a mechanical licensing collective and a digital licensee coordinator to carry out key functions under the updated section 115 “mechanical” license for the reproduction and distribution of musical works; specifically, the creation and administration of a new blanket licensing system governing licensed uses by digital music providers.
As required by the MMA, the Copyright Office solicits information to assist in the Register designating an entity as the mechanical licensing collective (MLC) to administer the newly created blanket license, build and maintain a comprehensive database of musical works and sound recordings, and distribute collected royalties to songwriters and music publishers. The Office also solicits information to assist the Register in designating an entity as the digital licensee coordinator (DLC), which will represent digital music services in the administration of the license and in the determination of the administrative assessment fee paid by digital music providers for the reasonable costs of establishing and operating the new MLC.
The notice of inquiry and instructions on how to submit a comment are available here. Initial written comments in response to the notice of inquiry published on December 21, 2018, must be received no later than 11:59 p.m. eastern time on March 21, 2019. Written reply comments must be received no later than 11:59 p.m. eastern time on April 22, 2019.
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NewsNet Issue 735
December 7, 2018
U.S. Copyright Office Issues Interim Rule Updating Section 115 Compulsory License Regulations
Pursuant to the Musical Works Modernization Act, title I of the recently enacted Orrin G. Hatch–Bob Goodlatte Music Modernization Act, the U.S. Copyright Office is issuing an interim rule to amend the Office’s existing regulations pertaining to the compulsory “mechanical” license for making and distributing phonorecords of nondramatic musical works available under 17 U.S.C. § 115 so as to conform the existing regulations to the new law, including with respect to the operation of notices of intention and statements of account, and to make other minor technical updates.
This interim rule is generally directed at the present transition period before a blanket license is offered by a mechanical licensing collective and does not include regulatory updates that may be required in connection with the future offering of that blanket license; such updates will be the subject of future rulemakings.
While the rule is largely a technical implementation of the Music Modernization Act, the Office invites public comments on the interim rule. The interim rule and instructions on how to submit comments are available here. Written comments must be received no later than January 22, 2019, at 11:59 p.m. eastern time.
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NewsNet Issue 734
November 30, 2018
U.S. Copyright Office Publishes Final Rule Relating to Group Registration Options for Newsletters and Serials
The Copyright Office has adopted a final rule, effective December 30, 2018, to update its regulations governing group registration options for newsletters and serials. The final rule will require applicants to file online rather than use a paper application, and upload a complete digital copy of each issue through the electronic registration system instead of submitting them in physical form. To satisfy the mandatory deposit requirement, if the newsletter or serial is published in the United States in a physical format, two complimentary subscriptions must be provided directly to the Library of Congress (unless the Library notifies the publisher otherwise). In addition, for group newsletters, the rule eliminates requirements that each issue be a work made for hire and be registered within three months of publication. For group serials, the rule clarifies registration requirements, including that serials must generally be published at intervals of at least a week and that the publication dates need not match the dates on the issues themselves.
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NewsNet Issue 733
November 14, 2018
U.S. Copyright Office Extends Comment Period for Rulemaking Relating to the Noncommercial Use of Pre-1972 Sound Recordings That Are Not Being Commercially Exploited
On October 16, 2018, the United States Copyright Office published a notice of inquiry regarding the noncommercial use of pre-1972 sound recordings that are not being commercially exploited (83 FR 52176).
To ensure that commenters have sufficient time to respond to the notice, the Office is extending the deadline for the submission of initial written comments to 11:59 p.m. eastern time on November 26, 2018. Written reply comments must be received no later than 11:59 p.m. eastern time on December 11, 2018.
The instructions on how to submit a comment are available here.
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NewsNet Issue 732
October 25, 2018
Final Rule Published in Seventh Triennial Section 1201 Proceeding
The Librarian of Congress, upon the recommendation of the Acting Register of Copyrights, has published a final rule in the Federal Register adopting exemptions to the statutory prohibition on circumvention of technological measures that control access to copyrighted works. Publication of the final rule marks the completion of the seventh triennial rulemaking proceeding under 17 U.S.C. 1201.
As in prior section 1201 proceedings, the Copyright Office administered the rulemaking through an extensive public process. For this seventh triennial proceeding, the Office implemented a new streamlining process enabling members of the public to seek renewal of existing exemptions to which there was no meaningful opposition. The Acting Register ultimately recommended readoption of all exemptions granted in the 2015 rulemaking.
The Office then invited public input on proposed new or expanded exemptions through three rounds of written comments and seven days of public hearings in Washington, D.C., and Los Angeles. As required by statute, the Office also consulted with the National Telecommunications and Information Administration of the Department of Commerce.
Based on this record, the Acting Register recommended the granting of several additional exemptions, as discussed in her formal Recommendation to the Librarian. The Librarian adopted the Acting Register’s Recommendation in full.
The final rule, the Acting Register’s Recommendation, the record materials in this proceeding, and general information about the section 1201 rulemaking process, are available on the Copyright Office website.
For media inquiries, please contact the Copyright Office at (202) 707-1287.
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NewsNet Issue 731
October 17, 2018
U.S. Copyright Office Issues a Notice of Inquiry on Registration Modernization
The U.S. Copyright Office has published a notice of inquiry requesting written comments on how to improve the regulations and practices related to the registration of copyright claims in the digital age. The Office’s registration services are vital to creators and users of creative works. Thus, the Office intends to replace the current electronic system (known as “eCO”) with a modern solution that aims to improve user experience, increase Office efficiency, and decrease processing times. To that end, the Office is considering several legal and policy changes to meet the demands of creators and users of creative works of all types. Specifically, the Office seeks input on three areas of reform: (1) the administration and substance of the application for registration, (2) the utility of the public record, and (3) the deposit requirements for registration. As always, the Office is interested in the perspectives and suggestions of copyright owners as well as users of creative works.
The notice of inquiry and instructions on how to submit a comment are available here. Written comments must be received no later than January 15, 2019, at 11:59 p.m. eastern time.
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NewsNet Issue 730
October 16, 2018
U.S. Copyright Office Issues Interim Rule and Notice of Inquiry Regarding Pre-1972 Sound Recordings
Pursuant to the Classics Protection and Access Act, title II of the recently-enacted Orrin G. Hatch–Bob Goodlatte Music Modernization Act (“MMA”), the Copyright Office has issued an interim rule and notice of inquiry regarding sound recordings fixed before February 15, 1972.
As required by the MMA, the interim rule establishes a mechanism for rights owners to file schedules listing their pre-1972 sound recordings with the Office, for individuals to request timely notification of when such filings are indexed into the Office’s public records, and for the submission of contact information by entities publicly performing pre-1972 sound recordings by means of digital audio transmission as of October 11, 2018.
In the notice of inquiry, the Office seeks public comment regarding the MMA’s noncommercial use exception. The Office is soliciting comments regarding the specific steps that a user should take to demonstrate she has made a good faith, reasonable search to determine if a pre-1972 sound recording is being commercially exploited. The Office also solicits comments regarding 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.
The instructions on how to submit a comment are available here for the interim rule and here for the notice of inquiry. Written comments must be received no later than November 15, 2018, at 11:59 p.m. Eastern time.
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NewsNet Issue 729
October 15, 2018
U.S. Copyright Office Adopts Final Rule to Streamline Cable, Satellite, and DART Electronic Royalty Payment Processes and the Administration of DART Royalty Accounts
The U.S. Copyright Office has adopted a final rule to streamline the administration of digital audio recording technology royalty accounts and electronic royalty payment processes. First, the final rule codifies a procedure for closing out DART royalty payments accounts under section 1005 of the Copyright Act, which gives the Register discretion to close out royalty payments accounts for a calendar year four years after the close of that year. In addition, the final rule updates the Office’s regulations governing online payment procedures for cable, satellite, and DART statements of account to no longer require single lump sum payments when multiple statements are submitted. These modifications are intended to improve the efficiency of the Copyright Office’s Licensing Division operations and simplify royalty payment procedures for filers.
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NewsNet Issue 728
October 11, 2018
The Orrin G. Hatch–Bob Goodlatte Music Modernization Act Signed into Law
Congress recently passed the Orrin G. Hatch–Bob Goodlatte Music Modernization Act, which the president signed into law on October 11, 2018.
This bipartisan and unanimously-enacted legislation represents the realization of years of effort by a wide array of policymakers and stakeholders, and the U.S. Copyright Office itself, to update the music licensing to better facilitate legal licensing of music by digital services. The Copyright Office is heartened by the passage of this landmark legislation expected to benefit the many stakeholders across all aspects of the music marketplace, including songwriters, publishers, artists, record labels, digital services, libraries, and the public at large.
The legislation addresses Congress’s determination that copyright law had not kept pace with changing consumer preferences and technological developments in music. The law has three key components, Title I—Music Licensing Modernization; Title II—Classics Protection and Access; and Title III—Allocation for Music Producers. More information about the law is available on the Office’s Music Modernization Act webpage.
The law is effective as of October 11, 2018 but some aspects become applicable later. The Copyright Office and stakeholders must undertake several implementation steps during this process.
The Copyright Office looks forward to implementing this historic law. The Office’s NewsNets and website will provide updates on rulemakings and other Office implementation activities.
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NewsNet Issue 727
September 26, 2018
Extra! Extra! The Scoop on Copyright Law and the News
The Copyright Office will host the Copyright Matters event “Extra! Extra! The Scoop on Copyright Law and the News” on Monday, October 15 at 10:30 a.m. in the historic Coolidge Auditorium in the Jefferson Building in Washington, DC.
Five panelists will discuss the relationship between copyright law and journalism. They will explore copyright’s role in promoting a free press, including news business models (both traditional and novel approaches), new avenues for speakers who traditionally didn’t have a public voice, news aggregation, and copyright law exceptions and limitations such as fair use.
The panel discussion will feature Sharon Farmer, former director of the White House Photography Office; Robert Levine, Billboard reporter and author of “Free Ride”; Tom Curley, associate general counsel at Gannett Co., Inc; Jonathan Band, technology law and policy advocate; and Michael Carroll, American University professor of law and director of the Program on Information Justice and Intellectual Property and a co-founder of Creative Commons.
Please visit the event page to stay apprised of updated information about this program and speakers.
Request ADA accommodations five business days in advance at (202) 707-6362 or firstname.lastname@example.org.
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NewsNet Issue 726
September 20, 2018
The Library of Congress Publishes Results of an Independent Audit of the Fiscal Year 2017 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:
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 725
July 18, 2018
Copyright Office Releases Upgrades to Virtual Card Catalog Proof of Concept
Today, the U.S. Copyright Office implemented a series of technical upgrades to enhance searching and results tracking capabilities when using the proof of concept of the Virtual Card Catalog (VCC).
In this upgraded version, users now:
These improvements are designed to enrich the user experience and improve the efficiency of searching Copyright Office records. To access the VCC, click: https://vcc.copyright.gov/
Feedback and survey links are contained within the site. Your feedback is welcomed and appreciated.
* Note: This proof of concept is not a final version of the planned Virtual Card Catalog. The purpose is to validate the VCC’s feasibility and to verify its potential use for the public. The images are presented in a similar filing order as found in the physical card catalog and may contain filing errors and corrupt images.
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