United States Copyright Office

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United States Copyright Office
US-CopyrightOffice-Seal.svg
US-CopyrightOffice-Logo.svg
Agency overview
Formed1870;154 years ago (1870)
Jurisdiction Federal government of the United States
Headquarters Washington, D.C.
Agency executive
Parent agency Library of Congress
Website copyright.gov
The James Madison Memorial Building, which houses the office MadisonBuildingLOC.JPG
The James Madison Memorial Building, which houses the office

The United States Copyright Office (USCO), a part of the Library of Congress, is a United States government body that registers copyright claims, records information about copyright ownership, provides information to the public, and assists Congress and other parts of the government on a wide range of copyright issues. [1] It maintains online records of copyright registration and recorded documents within the copyright catalog, which is used by copyright title researchers who are attempting to clear a chain of title for copyrighted works.

Contents

The Register of Copyrights heads the Copyright Office. Shira Perlmutter is the 14th and current Register, since October 26, 2020. [2]

The Copyright Office is located in the James Madison Memorial Building of the Library of Congress, at 101 Independence Avenue SE, in Washington, DC. [3] While open to the general public, appointments must be made to visit the Public Information Office and Copyright Public Records Reading Room.

History

The United States Constitution provides for establishing a system of extensive copyright laws in the United States. The first federal copyright law, the Copyright Act of 1790, was enacted on May 31, 1790, and covered only books, maps, and charts. Claims were originally recorded by Clerks of U.S. district courts. On June 9, 1790, the U.S. District Court of Pennsylvania registered the first work, the Philadelphia Spelling Book by John Barry. [4]

In 1870, copyright functions were centralized in the Library of Congress under the direction of the then Librarian of Congress - Ainsworth Rand Spofford. Between 1870 and 1897, the Librarian of Congress also served as the head of the Copyright Office. [1] The Copyright Office became a separate department of the Library of Congress on February 19, 1897, and Thorvald Solberg was appointed the first Register of Copyrights on July 22, 1897. [5]

The 1909 Copyright Act was signed into law by President Theodore Roosevelt on March 4, 1909, which expanded protection to additional types of works. [6]

In the 1930s, the Copyright Office moved from its location in the Thomas Jefferson Building to new quarters in what is now the John Adams Building and in the 1970s it moved again, to its present quarters in the James Madison Memorial Building.

On October 19, 1976, President Gerald R. Ford signed into law the Copyright Act of 1976, which became effective on January 1, 1978. This law lengthened duration copyright protection and again expanded the types of works that covered under federal copyright protection, and with amendments made since then, is the current copyright law in effect. [7]

Functions

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

The Copyright Office examines all applications and deposits presented for registration of new and original and renewal of old copyright claims to determine their acceptability for registration under the provisions of the copyright law. The Office also records documents related to copyright ownership. However, the Copyright Act of 1976 made registration largely optional for copyright ownership. Under the 1976 Act, federal copyright requires only a fixation of an original work of authorship in a tangible medium of expression. Renewal is not compulsory, and a copyright owner can register at any time. The 1976 Act makes registration (or refusal of registration [8] ) a requisite for an infringement action.

The Copyright Office records the bibliographic descriptions and the copyright facts of all works registered. The archives maintained by the Copyright Office are an important record of America's cultural and historical heritage. Containing nearly 45 million individual cards, the Copyright Card Catalog situated in the James Madison Memorial Building is an index to all the copyright registrations in the United States starting from 1870 up to 1977. Records after 1977 are maintained through an online database containing more than 16 million entries.

As a service unit of the Library of Congress, the Copyright Office is part of the legislative branch of the government, and provides copyright policy advice to the Congress. At the request of the Congress, the Copyright Office advises and assists the Congress in the development of national and international copyright policy; drafts legislation; and prepares technical studies on copyright-related matters.

The Compendium of U.S. Copyright Office Practices manual documents the Copyright Office's practices in its administration of copyright law.

A new fee schedule for Copyright Office services was made effective from March 20, 2020 onwards. [9] Before that, the Copyright office's fees were last updated in 2014. The revised fees increased only for certain registration and recording services, along with some associated services, while other services did not see a fee increase. In May 2014, the Office had reduced some renewal application and addendum fees in an effort to "encourage the filing of more renewal claims" and thereby help improve public records about copyright ownership. [10] In 2020, the fees for a renewal application were increased while the addendum fee remains the same. [11]

Providing Information Services to the Public

This 2019 video from the Copyright Office explains the value of a public domain and why copyright matters. Public outreach is part of the mandate of the agency.

The Copyright Office provides public information and reference services concerning copyrights and recorded documents. The public can keep up on the developments in the Copyright Office by subscribing to the U.S. Copyright Office NewsNet, a free electronic mailing list that issues periodic email alerts to subscribers regarding hearings, deadlines for comments, new and proposed regulations, new publications, and other copyright-related subjects of interest.[ citation needed ]

Acquiring Mandatory Deposits for the Library of Congress

In 1870, Congress passed a law that centralized the copyright system in the Library of Congress. This law required all owners of copyrights of publicly distributed works to deposit in the Library two copies of every such work registered in the United States, whether it is a book, pamphlet, map, print, or piece of music. Supplying the information needs of the Congress, the Library of Congress has become the world's largest library and the de facto national library of the United States. This repository of more than 162 million books, photographs, maps, films, documents, sound recordings, computer programs, and other items has grown largely through the operations of the copyright system, which brings deposits of every copyrighted work into the Library. [12]

On August 29, 2023, the United States Court of Appeals for the District of Columbia Circuit ruled that the Copyright Office could no longer demand copies of published works under section 407 of the Copyright Act of 1976, which previously allowed the Office to demand 2 copies of any work published in the United States. It deemed this section unconstitutional under the "takings clause" of the Constitution. [13] This did not affect the Office's ability to collect deposit material through other sections of the copyright law, namely through the deposit requirement associated with copyright registration or through voluntary submission of copies through the Office.

Duties

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

The Copyright Office promotes improved copyright protection for U.S. creative works abroad through its International Copyright Institute. Created within the Copyright Office by Congress in 1988, the International Copyright Institute provides training for high-level officials from developing and newly industrialized countries and encourages development of effective intellectual property laws and enforcement overseas.

The website has information about new copyright relevant legislation and a list of designated agents under the Digital Millennium Copyright Act (DMCA) and the Online Copyright Infringement Liability Limitation Act (OCILLA) and information about Copyright Arbitration Royalty Panel (CARP) system of ad hoc copyright royalty arbitrators (now being phased out and replaced by the Copyright Royalty Board).[ citation needed ]

See also

Related Research Articles

<span class="mw-page-title-main">Copyright</span> Legal concept regulating rights of a creative work

A copyright is a type of intellectual property that gives the creator of an original work, or another right holder, the exclusive and legally secured right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.

<span class="mw-page-title-main">United States trademark law</span>

A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods and services and avoid confusion.

<span class="mw-page-title-main">Copyright Act of 1790</span> First U.S. federal legislation on copyright

The Copyright Act of 1790 was the first federal copyright act to be instituted in the United States, though most of the states had passed various legislation securing copyrights in the years immediately following the Revolutionary War. The stated object of the act was the "encouragement of learning," and it achieved this by securing authors the "sole right and liberty of printing, reprinting, publishing and vending" the copies of their "maps, charts, and books" for a term of 14 years, with the right to renew for one additional 14-year term should the copyright holder still be alive.

A work of the United States government is defined by the United States copyright law, as "a work prepared by an officer or employee of the United States Government as part of that person's official duties". Under section 105 of the Copyright Act of 1976, such works are not entitled to domestic copyright protection under U.S. law and are therefore in the public domain.

<span class="mw-page-title-main">Copyright Act of 1909</span>

The Copyright Act of 1909 was a landmark statute in United States statutory copyright law. It went into effect on July 1, 1909. The 1909 Act was repealed and superseded by the Copyright Act of 1976, which went into effect on January 1, 1978; but some of 1909 Act's provisions continue to apply to copyrighted works created before 1978. It allowed for works to be copyrighted for a period of 28 years from the date of publication and extended the renewal term from 14 years to 28 years, for a maximum of 56 years.

<span class="mw-page-title-main">Copyright registration</span> Legal process

The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source.

<span class="mw-page-title-main">Copyright notice</span> Notice to inform consumers of claimed copyright ownership

In United States copyright law, a copyright notice is a notice of statutorily prescribed form that informs users of the underlying claim to copyright ownership in a published work.

<span class="mw-page-title-main">Copyright Renewal Act of 1992</span> United States copyright law

Copyright Renewal Act of 1992, Pub. L.Tooltip Public Law  102–307, 106 Stat. 264, enacted June 26, 1992, is the first title of the Copyright Amendments Act of 1992, an act of the United States Congress that amended copyright renewal provisions of Title 17 of the United States Code enacted under Copyright Act of 1976. The act eliminated the previous requirements under US law that a second term of copyright protection is contingent on a renewal registration with the U.S. Copyright Office. It amended the Copyright Act of 1976.

<span class="mw-page-title-main">Trademark</span> Trade identifier of products or services

A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies a product or service from a particular source and distinguishes it from others. A trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks.

The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Copyright Act 1968, which applies the national law throughout Australia. Designs may be covered by the Copyright Act as well as by the Design Act. Since 2007, performers have moral rights in recordings of their work.

<span class="mw-page-title-main">Copyright Act of 1976</span> 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.

The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, 1929, are in the public domain.

United States copyright registrations, renewals, and other catalog entries since 1978 are published online at the United States Copyright Office website. Entries prior to 1978 are not published in the online catalog. Copyright registrations and renewals after 1890 were formerly published in semi-annual softcover catalogs called The Catalog of Copyright Entries (CCE) or Copyright Catalog, or were published in microfiche.

<span class="mw-page-title-main">Public domain in the United States</span>

Works are in the public domain if they are not covered by the intellectual property right known as copyright, or if the intellectual property rights to the works have expired. Works automatically enter the public domain when their copyright has expired. The United States Copyright Office is a federal agency tasked with maintaining copyright records.

The copyright status of works produced by the governments of states, territories, and municipalities in the United States varies. Copyright law is federal in the United States. Federal law expressly denies U.S. copyright protection to two types of government works: works of the U.S. federal government itself, and all edicts of any government regardless of level or whether or not foreign. Other than addressing these "edicts of government", U.S. federal law does not address copyrights of U.S. state and local government.

Copyright renewal is a copyright formality through which an initial term of copyright protection for a work can be extended for a second term. Once the term of copyright protection has ended, the copyrighted work enters the public domain, and can be freely reproduced and incorporated into new works.

<i>Reed Elsevier, Inc. v. Muchnick</i> 2010 United States Supreme Court case

Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154 (2010), was a decision by the Supreme Court of the United States involving copyright law. The Court held that failure to register a copyright under Section 411 (a) of the United States Copyright Act does not limit a Federal Court's jurisdiction over claims of infringement regarding unregistered works.

The copyright law of the United States has a long and complicated history, dating back to colonial times. It was established as federal law with the Copyright Act of 1790. This act was updated many times, including a major revision in 1976.

<span class="mw-page-title-main">Copyright Act of 1870</span> Former United States law

The Copyright Act of 1870, also called the Patent Act of 1870 and the Trade Mark Act of 1870, was a revision to United States intellectual property law, covering copyrights and patents. Eight sections of the bill, sometimes called the Trade Mark Act of 1870, introduced trademarks to United States federal law, although that portion was later deemed unconstitutional after the Trade-Mark Cases.

Washingtonian Pub. Co. v. Pearson, 306 U.S. 30 (1939), was a United States Supreme Court case in which the Court held the Copyright Act of 1909's deposit requirement did not require immediate deposit, or deposit before infringement occurs, in order to bring a suit for infringement.

References

  1. 1 2 "Overview". United States Copyright Office. Retrieved on September, 8, 2023.
  2. "U.S. Copyright Office Welcomes New Register". NewsNet. No. 857. U.S. Copyright Office. October 26, 2020. Retrieved October 26, 2020.
  3. "Visitor Information". United States Copyright Office. Retrieved on September, 8, 2023.
  4. "Timeline 18th Century". U.S. Copyright Office. Retrieved on September 8, 2023.
  5. U.S. Copyright Office Circular 1a, United States Copyright Office: A Brief Introduction and History
  6. "Timeline 1900-1950". U.S. Copyright Office. Retrieved September 8, 2023.
  7. "Timeline 1950 - 2000", U.S. Copyright Office. Retrieved on September 8, 2023.
  8. "17 U.S. Code § 411 - Registration and civil infringement actions". LII. Archived from the original on Jan 17, 2024.
  9. "Fees". U.S. Copyright Office. Archived from the original on Aug 15, 2022. Retrieved 27 July 2022.
  10. Jacobson, Julia; McDermott Will & Emery (April 29, 2014). "Copyright Office Fees". The National Law Review . Retrieved May 18, 2014.
  11. "Federal Register Copyright Office Fees". federalregister.gov. Retrieved 2022-07-27.
  12. "General Information". Library of Congress. Retrieved 2 December 2016.
  13. "Valancourt Books, LLC v. Merrick Garland, No. 21-5203 (D.C. Cir. 2023)". Justia Law.