LOC Nominee's Tech Experience Called Asset; Copyright Views Unknown
Librarian of Congress nominee Carla Hayden's experience with pushing for major library modernizations will be a clear asset to the Library of Congress as it addresses significant issues with its IT program, but Hayden remains largely a blank slate on copyright issues, several copyright stakeholders said in interviews. Hayden's work as CEO of Baltimore's Enoch Pratt Free Library system to update that system's technologies became a major selling point in the White House's rollout of her nomination in late February to take over the Library of Congress (see 1602240054). Hayden's reputation as a library reformer shouldn't distract Congress from working on Copyright Office modernization issues, some told us.
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It's “invaluable for [LOC] to have someone with [Hayden's] experience, especially on technology issues, but on the other hand that doesn't change our view that the CO needs to among other things get its own dedicated IT system,” said Copyright Alliance CEO Keith Kupferschmid. “I don't think those two views conflict at all. [LOC's] mission is very different from [the CO's] mission, and they have different IT needs.” Continuing to keep the CO on LOC's main IT systems would be “like fitting a square peg into a round hole, as we've seen over many years,” Kupferschmid said. The CO's provisional IT modernization plan would create a wholly separate IT system for the office. Register of Copyrights Maria Pallante told the House Appropriations Committee's Legislative Branch Subcommittee last week that is a separate issue from calls for the CO to become independent of LOC (see 1602290071 and 1603020055).
The House Judiciary Committee and other congressional committees shouldn't delay considering whether to make the CO independent or otherwise give the office additional autonomy because Hayden is up for nomination, Kupferschmid said. “These are very important changes that need to take place at the CO and it's essential that they happen sooner rather than later,” he told us. “This isn't just a timing issue. It's also important that [the CO] be able to start the process of improving its systems, improve its ability to provide adequate staffing and gain control over its budget.” Library Copyright Alliance counsel Jonathan Band said he's skeptical that Hayden's nomination would further delay CO modernization debate in Congress. He said LOC's chief information officer ultimately has far more control over the CO's IT program than the Librarian of Congress does. The Librarian “can set the [LOC's] direction but isn’t going to be designing the IT,” Band said.
Hayden's views on many copyright issues aren't well known and may come out only in to-be-scheduled confirmation hearings in the Senate Rules Committee, Kupferschmid and other stakeholders said. Hayden “has a very impressive background with libraries that's gained her the support of the library community, but on copyright issues,” she has a very limited public record, Kupferschmid said. “We'll be learning more about her beliefs on copyright during the confirmation process but hopefully she respects the value of copyright law.” Hayden's experience on library issues is “all to the good,” but “I don’t really know much about her views, if any” on CO issues, said Free State Foundation President Randolph May. “I think that during the confirmation hearing process there will be an opportunity to explore those views, especially her understanding of the need to upgrade and modernize the technological capabilities of [the CO] so that it can more effectively and efficiently perform its key registration and recordation functions.”
Other stakeholders told us that a background on copyright policy issues wasn't as important for a librarian of Congress, with one industry lobbyist noting that past experience on tech modernization should remain the “key litmus test” for an effective LOC head. Some stakeholders may want to link Hayden's nomination to copyright-related issues, but the LOC "has a variety of challenges," Band said. “I would imagine making sure the IT infrastructure of the whole library is going to be an enormous priority. Copyright policy probably won't be one of the top agenda items” Hayden will need to deal with, “nor should it be,” Band said. The Librarian of Congress “is running a much bigger organization” and that job “is more a matter of setting priorities and having an appropriate management style and holding people accountable” than on making specific policy decisions, he said. “It certainly sounds like [Hayden] has that skill set.”