Librarian of Congress

Last updated
Librarian of Congress
US-LibraryOfCongress-Seal.svg
Seal of the Library of Congress
Flag of the United States Library of Congress.png
Flag of the Library of Congress
Carla Hayden (cropped).jpg
Incumbent
Carla Hayden

since September 14, 2016
Library of Congress
AppointerThe President
with Senate advice and consent
Term length Ten years
Inaugural holder John J. Beckley
Formation1800
DeputyDeputy Librarian of Congress
Salary US$183,300
Level II of the Executive Schedule [1]
Website www.loc.gov/about/librarianoffice/

The Librarian of Congress is the head of the Library of Congress, appointed by the President of the United States with the advice and consent of the United States Senate, [2] for a term of ten years. [3] The Librarian of Congress appoints the U.S. Poet Laureate and awards the Gershwin Prize for Popular Song.

Library of Congress (de facto) national library of the United States of America

The Library of Congress (LOC) is the research library that officially serves the United States Congress and is the de facto national library of the United States. It is the oldest federal cultural institution in the United States. The Library is housed in three buildings on Capitol Hill in Washington, D.C.; it also maintains the National Audio-Visual Conservation Center in Culpeper, Virginia. The Library's functions are overseen by the Librarian of Congress, and its buildings are maintained by the Architect of the Capitol. The Library of Congress has claimed to be the largest library in the world. Its "collections are universal, not limited by subject, format, or national boundary, and include research materials from all parts of the world and in more than 450 languages."

President of the United States Head of state and of government of the United States

The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces.

United States Senate Upper house of the United States Congress

The United States Senate is the upper chamber of the United States Congress, which along with the United States House of Representatives—the lower chamber—comprises the legislature of the United States. The Senate chamber is located in the north wing of the Capitol, in Washington, D.C.

Contents

The Librarian of Congress has broad responsibilities around copyright, extending to electronic resources and fair use provisions outlined in the Digital Millennium Copyright Act. The Librarian determines whether particular works are subject to DMCA prohibitions regarding technological access protection. [4] [5] On July 13, 2016, the US Senate confirmed Carla Hayden as the librarian by a vote of 74–18 [6] and she was sworn in on September 14, 2016.

Copyright is a legal right, existing in many countries, that grants the creator of an original work exclusive rights to determine whether, and under what conditions, this original work may be used by others. This is usually only for a limited time. Copyright is one of two types of intellectual property rights, the other is industrial property rights. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright on ideas is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.

Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement.

Digital Millennium Copyright Act copyright law in the United States of America

The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.

Origin

On April 24, 1800, the 6th United States Congress passed an appropriations bill signed by President John Adams which created the Library of Congress. [7] This law was to serve a "further provision for the removal and accommodation of the Government of the United States." The fifth section of the act specifically created the Library of Congress and designated some of its early capabilities. The act provided for "the acquisition of books for congressional use, a suitable place in the Capitol in which to house them, a joint committee to make rules for their selection, acquisition, and circulation," as well as an appropriation of $5,000 for the new library. [8]

6th United States Congress

The Sixth United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met at Congress Hall in Philadelphia, Pennsylvania and in Washington, D.C. from March 4, 1799, to March 4, 1801, during the last two years of John Adams's presidency. It was the last Congress of the 18th century and the first to convene in the 19th. The apportionment of seats in House of Representatives was based on the First Census of the United States in 1790. Both chambers had a Federalist majority. This was the last Congress in which the Federalist Party controlled the presidency or either chamber of Congress.

John Adams 2nd president of the United States

John Adams was an American statesman, attorney, diplomat, writer, and Founding Father who served as the second president of the United States from 1797 to 1801. Before his presidency he was a leader of the American Revolution that achieved independence from Great Britain, and also served as the first vice president of the United States. Adams was a dedicated diarist and regularly corresponded with many important figures in early American history including his wife and adviser, Abigail, and his letters and other papers are an important source of historical information about the era.

In 1802, two years after the creation of the Library, President Thomas Jefferson approved a Congressional Act that created the Office of the Librarian and granted the President power of appointment over the new office. [9] Shortly thereafter, Jefferson appointed his former campaign manager John J. Beckley to serve as the first Librarian of Congress. [10] It was not until 1897 that Congress was given the power to confirm the President's nominee.[ citation needed ] This same law gave the Librarian the sole power for making the institution's rules and appointing the Library's staff. [11]

Thomas Jefferson 3rd president of the United States

Thomas Jefferson was an American statesman, diplomat, lawyer, architect, and Founding Father who served as the third president of the United States from 1801 to 1809. Previously, he had served as the second vice president of the United States from 1797 to 1801. The principal author of the Declaration of Independence, Jefferson was a proponent of democracy, republicanism, and individual rights motivating American colonists to break from the Kingdom of Great Britain and form a new nation; he produced formative documents and decisions at both the state and national level.

John James Beckley was an American political campaign manager and the first Librarian of the United States Congress, from 1802 to 1807. He is credited with being the first political campaign manager in the United States and for setting the standards for the First Party System.

Authority and duties

From its creation until 2015, the post of the Librarian was not subject to term limits and allowed incumbents to maintain a lifetime appointment once confirmed. [12] Most Librarians of Congress have served until death or retirement. [13] There were only 13 Librarians of Congress in the more than two centuries from 1802 to 2015, and the Library "enjoyed a continuity of atmosphere and of policy that is rare in national institutions." [14] In 2015, Congress passed and President Barack Obama signed into law the "Librarian of Congress Succession Modernization Act of 2015" which put a 10-year term limit on the position with an option for reappointment. [15] [16] The legislation was seen as a critique of Librarian James H. Billington's unwillingness to hire a permanent Chief Information Officer to effectively manage and update the Library's Information Technology. [12] [17]

Barack Obama 44th president of the United States

Barack Hussein Obama II is an American attorney and politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American to be elected to the presidency. He previously served as a U.S. senator from Illinois from 2005 to 2008.

James H. Billington 13th Librarian of Congress

James Hadley Billington was a leading American academic and author who taught history at Harvard and Princeton before serving for 42 years as CEO of four federal cultural institutions. He served as the 13th Librarian of Congress after being nominated by President Ronald Reagan in 1987, and his appointment was approved unanimously by the U.S. Senate. He retired as Librarian on September 30, 2015.

There are no laws or regulations delineating qualifications for the office holder. [13] The position of Librarian of Congress has been held by candidates of different backgrounds, interests, and talents, throughout its history. Politicians, businessmen, authors, poets, lawyers, and one professional librarian have served as the Librarian of Congress. [13] However, at various times there have been proposals for requirements for the position. In 1945, Carl Vitz, then president of the American Library Association, wrote a letter to the President of the United States regarding the position of Librarian of Congress, which had recently become vacant. Vitz felt it necessary to recommend potential librarians. Vitz stated the position "requires a top-flight administrator, a statesman-like leader in the world of knowledge, and an expert in bringing together the materials of scholarship and organizing them for use—in short, a distinguished librarian." [18] In 1989, Congressman Major Owens (D–NY) introduced a bill to set stricter requirements for who may be appointed. He argued appointed Librarians need to have specialized training; the bill did not become law. [19]

Librarian person who works professionally in a library, and is usually trained in librarianship

A librarian is a person who works professionally in a library, providing access to information and sometimes social or technical programming to users. In addition, librarians provide instruction on information literacy.

Carl Vitz librarian

Carl Peter Paul Vitz was an American librarian and author. He received a certificate from Western Reserve University Library School, a degree from Adelbert College and a bachelor's degree in library science from New York State Library School at New York State Normal College. He served as a library director for the Toledo-Lucas County Public Library (1922–1937), the Minneapolis Public Library (1937–1945) and the Public Library of Cincinnati and Hamilton County (1946–1955). He served as the president of the American Library Association from 1945–1946. During that time, Vitz wrote a letter to the President of the United States on behalf of the profession, addressing potential candidates for the vacant position of Librarian of Congress. In the letter, Vitz suggested that the position "requires a top-flight administrator, a statesman-like leader in the world of knowledge, and an expert in bringing together the materials of scholarship and organizing them for use—in short, a distinguished librarian". Over the course of his career, Vitz planned or consulted on more than sixty library projects involving construction, site selection and remodeling.

The American Library Association (ALA) is a nonprofit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world, with more than 57,000 members.

List of Librarians of Congress

No.PhotoLibrarianYears in OfficeAppointed by
1 No image available.svg John J. Beckley 18021807 Thomas Jefferson
2 Patrick Magruder.tif Patrick Magruder 18071815Thomas Jefferson
3 George watterson.jpg George Watterston 18151829 James Madison
4 Silva meehan.jpg John Silva Meehan 18291861 Andrew Jackson
5 John g stephenson.jpg John Gould Stephenson 18611864 Abraham Lincoln
6 Ainsworth Rand Spofford.jpg Ainsworth Rand Spofford 18641897Abraham Lincoln
7 John Russell Young.jpg John Russell Young 18971899 William McKinley
8 Herbert putnam.jpg Herbert Putnam 18991939William McKinley
9 Archibald MacLeish.jpg Archibald MacLeish 19391944 Franklin D. Roosevelt
10 Luther Evans.jpg Luther H. Evans 19451953 Harry S. Truman
11 Lawrence Quincy Mumford.jpg Lawrence Quincy Mumford 19541974 Dwight D. Eisenhower
12 Daniel Boorstin.jpg Daniel J. Boorstin 19751987 Gerald Ford
13 James billington.jpg James H. Billington 19872015 Ronald Reagan
- David S. Mao.jpg David S. Mao (Acting)20152016 Barack Obama
14 Carla Hayden (cropped).jpg Carla Hayden 2016Barack Obama

See also

Related Research Articles

Congressional Research Service Public think tank

The Congressional Research Service (CRS), known as Congress's think tank, is a public policy research arm of the United States Congress. As a legislative branch agency within the Library of Congress, CRS works primarily and directly for Members of Congress, their Committees and staff on a confidential, nonpartisan basis.

In the United States, a recess appointment is an appointment by the President of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the president is empowered to nominate, and with the advice and consent (confirmation) of the United States Senate, make appointments to high-level policy-making positions in federal departments, agencies, boards, and commissions. A recess appointment under Article II, Section 2, Clause 3 of the Constitution is an alternative method of appointing officials that allows the filling of vacancies to maintain the continuity of administrative government through the temporary filling of offices during periods when the Senate is not in session.

106th United States Congress 1991-2001 U.S. Congress

The One Hundred Sixth United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1999, to January 3, 2001, during the last two years of Bill Clinton's presidency. The apportionment of seats in the House of Representatives was based on the Twenty-first Census of the United States in 1990. Both chambers had a Republican majority.

John Gould Stephenson Librarian of Congress

John Gould Stephenson was an American physician and soldier. He was the fifth Librarian of the United States Congress from 1861 to 1864. He was referred to as the "librarian of the Civil War era" because Stephenson's tenure of librarianship covered almost the entire length of the war.

51st United States Congress

The Fifty-first United States Congress, referred to by some critics as the Billion Dollar Congress, was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C., from March 4, 1889, to March 4, 1891, during the first two years of the administration of U.S. President Benjamin Harrison.

The National Film Preservation Act is the name of several federal laws relating to the identification, acquisition, storage, and dissemination of "films that are culturally, historically, or aesthetically significant."

114th United States Congress 2015–2017 legislative term

The One Hundred Fourteenth United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from January 3, 2015, to January 3, 2017, during the final two full years of Barack Obama's presidency. The 2014 elections gave the Republicans control of the Senate for the first time since the 109th Congress. With 248 seats in the House of Representatives and 54 seats in the Senate, this Congress began with the largest Republican majority since the 71st Congress of 1929–1931.

Copyright Term Extension Act United States copyright law

The Copyright Term Extension Act (CTEA) of 1998 extended copyright terms in the United States. It is one of several acts extending the terms of copyrights.

Copyright Act of 1976 United States law

The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use," and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978.

Register of Copyrights

The Register of Copyrights is the director of the United States Copyright Office within the Library of Congress, as provided by 17 U.S.C. § 701. The Office has been headed by a Register since 1897. The Register is appointed by, and responsible to, the Librarian of Congress.

United States House of Representatives lower house of the United States Congress

The United States House of Representatives is the lower chamber of the United States Congress, the Senate being the upper chamber. Together they compose the legislature of the United States.

The Saxbe fix, or salary rollback, is a mechanism by which the President of the United States, in appointing a current or former member of the United States Congress whose elected term has not yet expired, can avoid the restriction of the United States Constitution's Ineligibility Clause. That clause prohibits the President from appointing a current or former member of Congress to a civil office position that was created, or to a civil office position for which the pay or benefits were increased, during the term for which that member was elected until the term has expired. The rollback, first implemented by an Act of Congress in 1909, reverts the emoluments of the office to the amount they were when that member began his or her elected term.

Barbara Ringer United States Register of Copyright

Barbara Ringer was one of the lead architects of the 1976 Copyright Act. She spent much of her career lobbying Congress and drafting legislation that overhauled the 1909 Copyright Act.

The Congressional Review Act (CRA) is a law that was enacted by the United States Congress under House Speaker Newt Gingrich as Subtitle E of the Contract with America Advancement Act of 1996 and signed into law by President Bill Clinton on March 29, 1996. The law empowers Congress to review, by means of an expedited legislative process, new federal regulations issued by government agencies and, by passage of a joint resolution, to overrule a regulation. Once a rule is thus repealed, the CRA also prohibits the reissuing of the rule in substantially the same form or the issuing of a new rule that is substantially the same "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule". Congress has a window of time lasting 60 legislative days to disapprove of any given rule by simple majority vote; otherwise, the rule will go into effect at the end of this period.

The Fair Copyright in Research Works Act was submitted as a direct response to the National Institutes of Health (NIH) Public Access Policy; intending to reverse it.

Maria Pallante United States Register of Copyrights and attorney

Maria A. Pallante is the president and chief executive officer of the Association of American Publishers, a publishing industry trade association. Pallante is an American attorney who previously served as the 12th United States Register of Copyrights. She was appointed Acting Register effective January 1, 2011, succeeding Marybeth Peters, who retired effective December 31, 2010. On June 1, 2011, she was appointed to the position which was intended to be permanent.

Unlocking Consumer Choice and Wireless Competition Act

The Unlocking Consumer Choice and Wireless Competition Act is a United States public law that repeals a rulemaking determination by the United States Copyright Office that left it illegal for people to unlock their cellphones.

References

  1. "US Code, Title 2, Chapter 5, Section 136a–2: Librarian of Congress and Deputy Librarian of Congress; compensation". Cornell University: Legal Information Institute. 2014. Retrieved 14 February 2014.
  2. "US Code, Title 2, Chapter 5, Section 136-1 - Appointment and term of service of Librarian of Congress". Cornell University: Legal Information Institute. November 5, 2015. Retrieved 17 March 2016.
  3. Roy, Blunt, (2015-11-05). "S.2162 - 114th Congress (2015-2016): Librarian of Congress Succession Modernization Act of 2015". www.congress.gov. Retrieved 2015-11-11.
  4. "US Code, Title 17, Chapter 12, Section 1201 - Circumvention of copyright protection systems". Cornell University: Legal Information Institute. 2014. Retrieved 14 February 2014.
  5. "Section 1201: Exemptions to Prohibition Against Circumvention of Technological Measures Protecting Copyrighted Works". U.S. Copyright Office. 2013. Retrieved 14 February 2014.
  6. https://www.washingtonpost.com/news/arts-and-entertainment/wp/2016/07/13/carla-hayden-confirmed-as-14th-librarian-of-congress/
  7. "History of the Library of Congress". loc.gov. Library of Congress. Retrieved March 19, 2016.
  8. Library of Congress (1977). Librarians of Congress, 1802-1974. Washington: Library of Congress. pp. vii. ISBN   0844402389.
  9. "The Library of Congress a Documentary History" (PDF). academic.lexisnexis.com. Lexis Nexis. 1987. Retrieved March 19, 2016.
  10. "Librarians of Congress". americanlibrariesmagazine.org. American Libraries Magazine. Retrieved March 19, 2016.
  11. "Library of Congress" . Retrieved November 20, 2014.
  12. 1 2 Recio, Maria (October 31, 2015). "Librarian of Congress Gets a Due Date". McClatchy DC. Retrieved March 19, 2016.
  13. 1 2 3 "Librarians of Congress". Jefferson's Legacy: A Brief History of the Library of Congress. loc.gov. Retrieved March 19, 2016.
  14. Librarians of Congress: 1802-1974. Washington: Library of Congress. 1977.
  15. Congressional Bill; 114 Bill Profile S.2162- An Act To establish a 10-year term for the service of the Librarian of Congress. Sponsor: Roy Blunt and Charles Schumer. November 5, 2015. Public law 114-86.
  16. "Public Law 114-86" (PDF). Congress.gov. GPO. November 5, 2015. Retrieved March 19, 2016.
  17. McGlone, Peggy (March 31, 2015). "America's 'national library' is lacking in leadership, yet another report finds". Washington Post. Retrieved March 19, 2016.
  18. Vitz, Carl (1945). "Re: Librarian of Congress". ALA Bulletin. 39 (2): 62.
  19. Congressional Bill; 101 Bill Profile H.R. 1255- Appointment of the Librarian of Congress. Sponsor: Major Owens (D- NY). March 02, 1989, Congress Session 101-1.

Further reading