United States Copyright OfficeUnited States Copyright OfficeUSCO_f1b53e6c-12dd-4d46-8727-2915274fcaf9The Copyright Office is: a leading advocate of an effective national copyright system that serves both creators and users of copyrighted works; the primary advisor to Congress on national and international copyright matters; a trusted source of information and assistance to federal agencies and the judiciary on these matters; and the provider of electronic copyright services._31535538-36c3-4efc-b098-1c098e05e2fbThe mission of the Copyright Office is to promote creativity by administering and sustaining an effective national copyright system._21e6897d-d102-439f-9590-11a1e305338bServiceKnowledgeIntegrityCopyright Policy and LawProvide timely, quality service to the Congress, the executive branch, and the courts to address current and emerging challenges to copyright policy and law_6e61b4f8-ad03-433c-94b3-3f48ced60b801In keeping with the Copyright Office’s role to advise Congress and to provide information and assistance to federal agencies and to the judiciary on copyright matters (17 U.S.C. §701), this strategic goal focuses on support for the U. S. government to carry out its constitutional function “to promote the Progress of Science … by securing for limited Times to Authors … the exclusive Right to their respective Writings.” The rapid development of the Internet and digital technology and their operation across national boundaries have created new challenges to copyright law. This goal, therefore, is to help Congress and the federal government address these challenges so as to maintain an appropriate balance between owners’ rights and needs of users. In striking this balance, the Copyright Office must ensure that the incentives for continued creativity are maintained.Digital Technology and Other IssuesProvide expert assistance to Congress, government agencies, and the courts on digital technology and other issues in light of fundamental copyright principles and the requirements of the law._aca2ab60-1bdc-407b-81f7-9951213ce6761.1Digital and communication technologies have allowed more people access to America’s creative output. They have also challenged the nation’s copyright framework. Works in digital format are relatively easy to copy. Extensive and growing use of computer networks makes very broad distribution simple, especially across borders. The Digital Millennium Copyright Act, enacted in 1998, addresses some of these challenges. Even as we gauge the effectiveness of these provisions, new challenges continue to arise. They will be met through new business models, new methods of enforcement, new legal challenges, and new legislation. The Copyright Office must provide advice on how to deal with other problems that impede use or inhibit protection. These include such issues as the problem of “orphan works”—works whose owners simply cannot be located, thus making any negotiation of use and compensation impossible. Means: The means to accomplish this objective include • identifying and proposing ways to address copyright issues regarding online digital technology and other emerging issues • evaluating legislative proposals • testifying at congressional hearings • drafting legislative language • assisting the Department of Justice in litigation involving important issues of copyright law and policy • issuing necessary regulationsProtection of Copyrighted Works InternationallyPromote other countries’ adherence to international copyright treaties and agreements with intellectual property provisions and other countries’ implementation of effective national laws that will ensure protection and use of U. S. copyrighted works and compensation to their creators._c8b9d320-6e92-4af8-a8ec-3d4a58c1e38e1.2The Copyright Office offers advice to Congress on multilateral agreements and works with executive branch agencies to promote copyright protection throughout the world. Protection against infringement of a U.S. copyrighted work in another country depends primarily on that country’s laws. Most countries offer copyright protection to foreign works under the aegis of international copyright treaties and conventions and on the basis of national treatment, where foreign works should receive the same protection as domestic works. Some countries harbor lucrative piracy sectors that copy U. S. works without permission. The Copyright Office works with executive branch agencies such as the U. S. Trade Representative and the Bureau of Customs and Border Protection to ensure that these countries’ laws and enforcement are targeted in U. S. trade policy, and that illegally copied works do not enter the U. S. market. The Copyright Office’s activities to assist in the protection of U. S. copyrighted works abroad advance the economic welfare of the United States by encouraging the continued creation and dissemination of works to the public throughout the world. In addition to working through multilateral organizations such as the World Intellectual Property Organization, a UN specialized agency, the United States is increasing its promotion of free trade agreements with individual countries and groups of countries. These agreements contain extensive provisions on intellectual property and enforcement. Means: The means to accomplish this objective include • identifying and proposing ways to address copyright and related rights protection issues • evaluating treaties and other proposals, such as trade agreements • participating as experts on U. S. delegations • drafting treaty and trade agreement language • speaking at, and participating in, various international programs • working with international organizations and other countries to strengthen protections of U. S. works abroad • providing training to foreign government officials on U. S. copyright law and effective national copyright systems • assisting the Department of Justice in litigation involving important issues of copyright law and policy Three areas of activity support accomplishment of this objective: 1 Multilateral negotiations • World Intellectual Property Organization (WIPO) treaty negotiations and experts meetings • World Trade Organization (WTO) negotiations • Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters • Intergovernmental Committee of the Universal Copyright Convention (UCC), administered by UNESCO, to oversee accessions to the UCC • Trade agreements: participation in the development and implementation of WTO obligations, the ongoing work of WIPO, and the WTO Council on TRIPS (traderelated aspects of intellectual property rights) 2 Bilateral consultations and negotiations • Trade agreements with individual countries in which there is an intellectual property component • Discussions and agreements focused on intellectual property issues, including level of enforcement 3 Special 301 Reviews • The U. S. government reviews countries’ intellectual property protections. The Copyright Office is on the interagency Special 301 Committee, which considers and evaluates the adequacy and effectiveness of intellectual property protection and enforcement throughout the world.Use of Copyrighted WorksPromote lawful use of copyrighted works and compensation to creators by providing timely, easy-to-use public services (including registration, recordation, and statutory licenses)_c6ecc335-ccfc-4cd9-924e-9ed99e597af72The registration of copyrighted works and the recordation of documents indicating the transfer of ownership of a work are intended to create a public record of a work’s ownership to promote the lawful use of that work. The more works are registered with the Copyright Office and the more transfers of ownership are recorded, the more complete is our national record of ownership of copyrighted works. This record facilitates the lawful use of these works for educational, recreational, research, and commercial purposes. Timely examination of works submitted for registration and timely recordation of documents allow the public record to be made available sooner. Ease of filing and timely processing also allow for improved collection and distribution of royalty payments under the copyright law’s statutory licences and obligations. In addition to sound management of processing and workflow, the Copyright Office’s objectives for this goal are to improve and optimize • online registration • online filing for statutory licenses and obligations • online access to historical copyright recordsOnline RegistrationInitiate online registration services for the public._0f4b700d-edab-4549-9681-e0782900ea472.1The public is now able to conduct a growing amount of its business electronically. Many expect and demand easy-to-use online capabilities. Registration is the single largest Copyright Office business process, to which over 60 percent of the Office’s staff and 50 percent of its budget are dedicated. With online registration, registrants will have an easier, less paper-intensive procedure, saving them time, and providing for online updates on the status of their registration claims. The Office has experience with electronic registration through its Copyright Office Electronic Registration and Deposit System (CORDS). Using a limited number of partners, this system currently registers approximately 20,000 works a year. The means to accomplish this objective include implementing a new IT systems infrastructure, now in development, in FY 2006.Online Filing for Statutory Licenses and ObligationsInitiate online licensing filing for statements of account._b2b5e45d-b3a0-40b7-9aee-8b9906476dd12.2Those entities that are subject to the terms of certain statutory licenses and obligations must file statements of account with the Copyright Office and pay royalty fees for future disbursement to eligible copyright owners. Statements of account have primarily been filed in paper form. Over 90 percent of royalty fees, on the other hand, are deposited by electronic funds transfer. Electronic filing of statements of account would increase efficiencies for the filers, the Office, and the royalty recipients, and would make licensing documents more rapidly and readily available to copyright owners and other interested parties. Means: The means to accomplish this objective include implementing a new IT systems infrastructure, now in development, in FY 2006.Online Access to Historical RecordsExplore the feasibility of increasing the types and numbers of records accessible online to provide rapid availability of copyright information._cd4e635b-59a4-44b7-963c-262589a095542.3The Copyright Office is an office of record for information on copyright registrations, transfers of ownership, security interests, and other actions. Copyright Office records provide the most complete and accurate accounting of copyright information in the world, including some 31 million registrations since 1790, thousands of recorded documents, and forms for payment of licensing fees. Many records from 1978 to the present are searchable through the Copyright Office website. The records before 1978 are in paper form and are not available online, compelling the public to come personally to the Office, to pay a searching fee to the Copyright Office, or to hire professional searchers and law firms. Online availability of all or a larger portion of copyright records would provide users with immediate access to these records in a searchable form, providing information to facilitate the lawful use of creative works. One challenge to converting records to digital form is that record formats vary widely because data was recorded in different manners over different time periods. Means: The means to accomplish this objective include completing a study, already under way, to determine the feasibility of converting analog records to digital form and exploring whether this group of records can be combined with post-1977 records into a single searchable database.Public UnderstandingImprove public understanding of copyright law_255a1a0e-d543-42fe-9d2a-875d22da9f813The Internet and digital technologies have dramatically affected the public perception of copyright law. File-sharing services and peer-to-peer networks that foster illegal copying and distribution have influenced a large audience, including pre-teens and teenagers. The purpose of this goal is to engender a more widespread public understanding and discussion of copyright, and greater respect for, as well as adherence to, copyright law. The Copyright Office’s objectives for this goal are to improve public understanding of copyright by • reaching new audiences • using a broad range of information media and methodsNew AudiencesReach more people with a message on the importance of copyright principles as a means of promoting creativity._8c09449e-edaf-46f4-ac5f-b52e2f23a8e43.1Broader copyright education efforts are required. When the public understands the principles and values of copyright law, they will be more likely to comply with the law. Similar initiatives to students and other audiences must be increased. Means: The means to accomplish this objective include • determining unaddressed audiences • developing targeted activities to reach themBroad Range of Information Media and MethodsIncrease the number and frequency of use of media used to convey copyright principles._de868480-669a-4075-b295-4f6e36c333673.2As the Office identifies new audiences, it will also determine the most effective means of reaching them. The Office will seek to expand the way it provides education on copyright. Means: The means to accomplish this objective include • optimizing the Copyright Office website’s design and usability for public education on the copyright law and principles • identifying other means to implement copyright education • developing targeted uses of these means of educationLibrary of CongressSupport Library of Congress service to Congress and the American people by providing timely acquisition of copyrighted works required by the Library_ce002e87-b018-4349-8131-8dd73162abc14Under the mandatory deposit provisions of section 407, publishers are required to deposit in the Library two copies of a work within three months of publication in the United States. Copyrighted works received through registration and mandatory deposit are the Library’s main source of works by American authors. The Copyright Office also requests works not yet received but wanted for the collections. One of the rationales that led Congress to create a centralized copyright function in the Library of Congress was the availability of deposited works for the Library’s collections. The Copyright Office’s objectives for this goal are to support the Library’s service to Congress and the American people by contributing significantly to sustaining the Library’s collections through • acquisition of more digital works, including online/web-based works • broader understanding of deposit requirementsAcquisition of Digital WorksIncrease the acquisition, through registration and mandatory deposit, of works created and disseminated in digital form in a variety of formats._cc5e15cb-790a-49e9-b240-28f1277aaa594.1Increasing numbers of works are being created and distributed in digital form. Many works are made available only online. To sustain a universal collection, the Library must acquire the most current and historically valuable works now being created and disseminated only in digital form. Acquisition of digital works presents many challenges. The Copyright Office is a significant contributor to the effort to develop and realize the Library’s vision of a vibrant program of digital acquisition, and assists the Library in copyright issues related to access and preservation. Content owners are producing creative works in many formats and adding new ones every day. Section 407 of the copyright law specifies deposit of the “best edition” of a work for use by the Library of Congress, but does not limit the formats covered by the deposit provisions. The Library determines the best edition, and by regulation can specify any format as the best edition. Many of the new formats are digital. The registration and deposit of digital works forward the goals of the Library’s Digital Strategic Plan. Means: The means to accomplish this objective include • implementing a new IT systems infrastructure, now in development, in FY 2006, which will allow for online submission of digital works • promulgating, in consultation with the Library, updated regulations on best edition, especially for works distributed only online • revision of copyright deposit regulations CFR 202.19Broader Publisher Understanding of Deposit RequirementsBroaden publishers’ understanding of mandatory deposit provisions and their obligations under those provisions._e7c3acf3-08db-4a03-abcd-d959e349ab104.2There is a continuing need to inform publishers of the Copyright Act’s mandatory deposit provisions and how to comply with them as new types and formats of works are being made available to the public. Means: The means to accomplish this objective include • determining gaps in publisher knowledge of mandatory deposit provision • developing initiatives for general education and targeted efforts addressing individual publishers2004-10-012008-09-302010-02-08http://www.copyright.gov/reports/strategic2004-2008.pdfArthurColman (www.drybridge.com)colman@drybridge.com