What is the U.S. Copyright Office? Review of the U.S. Copyright Office

The head of the Copyright Office is the Register of Copyrights. As of October 2020, that position is held by Shira Perlmutter, who assumed office on October 26, 2020.

For more than 150 years, the Copyright Office has been at the forefront of copyright in the United States. As part of the Library of Congress since 1870 and recognized by Congress as a separate department of the Library since 1897, the Copyright Office registers copyright claims, records information concerning copyright ownership, makes information available to the public, and assists Congress and other branches of government with a wide range of copyright issues, both simple and complex. Through this work, the Copyright Office works to help fulfill the constitutional purposes of copyright and to promote creativity and free expression for the benefit of all.

history

The U.S. Constitution gives Congress the power to make laws establishing the copyright system in the United States.

The first federal copyright law, also known as the Copyright Act of 1790, was enacted in May 1790. The initial copyright notice (registration) was recorded by a clerk of a U.S. district court.

On March 19, 1834, the U.S. Supreme Court heard the first copyright lawsuit (Wheaton v. Peters), ruling that authors have permanent rights to unpublished works, but after publication, the rights are subject to statutory restrictions set by Congress. This case laid the foundation for modern American copyright jurisprudence.

In 1870, copyright functions were centralized at the Library of Congress under the direction of then-Librarian of Congress Ainsworth Rand Spofford.

On February 19, 1897, the Library of Congress recognized the Copyright Office as an independent department and established the Copyright Registration Office, with Thorvald Solberg appointed as the first Register of Copyrights.

On July 30, 1947, U.S. copyright law was codified as Title 17 of the United States Code.

On October 19, 1976, the then President of the United States signed the fourth amendment to the Copyright Act, which came into effect in 1978.

On February 8, 2019, the United States formally 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). The Marrakesh Treaty requires its signatory member states to make printed works in accessible formats such as Braille and digital audio files more accessible to people with print disabilities. It also sets out rules for the international exchange of copies in accessible formats.

Functions

The mission of the Copyright Office is to promote creativity by administering and maintaining an effective national copyright system. While the purpose of the copyright system has always been to promote creativity in society, the functions of the Copyright Office have evolved to include:

Managing Copyright Laws

The Office reviews all original and renewal copyright notices and deposits filed for registration to determine whether they are registrable under the provisions of the Copyright Act. The Office also records documents related to copyright ownership. However, the Copyright Act of 1976 made registration largely optional with respect to copyright ownership. Under the 1976 Act, federal copyright requires only that the original work be fixed in a tangible medium of expression. Renewal is not required, and the copyright owner may register at any time. The 1976 Act does make registration a prerequisite to an infringement action.

The Copyright Office records bibliographic descriptions and copyright facts for all registered works. The records maintained by the Copyright Office are an important record of America's cultural and historical heritage. The Copyright Card Catalog, housed in the James Madison Memorial Building, contains an index of U.S. copyright registrations from 1870 to 1977 and contains nearly 45 million individual copyright cards. Records after 1977 are maintained in an online database of more than 16 million records.

As a service of the Library of Congress, the Copyright Office is part of the legislative branch of the government. The office advises Congress on copyright policy. At its request, the Copyright Office advises and assists Congress in developing national and international copyright policy; drafts legislation; and conducts technical research on copyright-related matters.

The United States Copyright Office Manual of Practice documents the Copyright Office's practices in administering copyright law.

On May 1, 2014, a new fee schedule for certain Office services went into effect. The Copyright Office’s fees were last updated in 2009. Fees for certain registration and listing and related services and certain search and examination services were increased in response to Freedom of Information Act requests (U.S.). In May 2014, the Office also reduced some renewal application and addendum fees to “encourage the filing of more renewal applications,” thereby helping to improve the public record regarding copyright ownership.

Providing information services to the public

The Copyright Office provides public information and reference services concerning copyright and record keeping. The public can stay informed of the latest developments in the Copyright Office by subscribing to US Copyright Office NewsNet, a free email list that sends periodic email messages alerting subscribers to hearings, comment deadlines, new and proposed regulations, new publications, and other copyright-related topics.

Library of Congress

In 1870, Congress passed a law that centralized the copyright system at the Library of Congress. This law requires all copyright owners of publicly distributed works, whether it is a book, pamphlet, map, print, or piece of music, to deposit two copies of such works registered in the United States with the Library. To serve the information needs of Congress, the Library of Congress has become the largest library in the world and the de facto national library of the United States. The Library's collection of more than 162 million items includes books, photographs, maps, films, documents, sound recordings, computer programs, and other items. The Library's growth is largely due to the operation of the copyright system, where every copyrighted work is deposited in the Library.

Responsibilities

The Copyright Office consults with interested copyright owners, industry and library representatives, bar associations, and other interested groups on issues relating to copyright law.

The Copyright Office promotes copyright protection for U.S.-created works abroad through its International Copyright Institute. Established by the U.S. Congress within the Copyright Office in 1988, the International Copyright Institute provides training for senior officials from developing and newly industrializing countries and encourages effective intellectual property laws and enforcement abroad. The site provides information on new copyright legislation, as well as lists of designated agents under the Digital Millennium Copyright Act (DMCA) and the Online Copyright Infringement Liability Limitation Act (OCILLA), and information on the Copyright Arbitration Panel (CARP) system of arbitration (which is being phased out and replaced by the Copyright Royalties Board).

References

• 1. About the Copyright Office: U.S. Copyright Office