Acting CO Head Emphasizes 'Temporary' Role, Continued Progress on Policy Studies
Acting Register of Copyrights Karyn Temple Claggett said she has no plans to seek a permanent appointment as head of the Copyright Office, saying her tenure as the office’s leader is “temporary.” Claggett, who has been associate register of copyrights since 2013, took over as acting register in October after the controversial ouster of then-Register Maria Pallante (see 1610250062 and 1610210061). Claggett emphasized her role as the CO’s caretaker during a Free State Foundation event Wednesday, saying the office is moving forward with ongoing policy studies.
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Leading the CO is “rife with challenges” but has also been a rewarding experience, Claggett said. Although Claggett appeared to remove herself from contention to become the CO’s permanent leader, “that doesn’t mean the job might not be offered to her,” an industry lobbyist told us. The Library of Congress didn’t comment on its timeline or progress in its search for a permanent CO head.
Librarian of Congress Carla Hayden “pledged her support” for the CO’s five-year IT modernization plan, which is fundamental to ensuring the office “is as modern and efficient as possible,” Claggett said. The CO’s plan, released in February, seeks to automate its copyright registration system and other systems. The proposal seeks a nimbler IT infrastructure that takes advantage of platform as a service-based mission services and cloud technologies (see 1602290071). Claggett didn’t mention the push to give the CO more autonomy from the LOC. Pallante advocated for CO independence as register, which was seen as a possible factor in her ouster (see 1610240052).
The office expects to release the results of its yearlong study of the role of copyright law on the use of software-embedded products later this month, Claggett said. The CO sought to examine how provisions​ in existing U.S. copyright law affect and are affected by software-embedded products, as well as how potential legislative changes could affect the innovation of such products (see 1512150050). Senate Judiciary Chairman Chuck Grassley, R-Iowa, and ranking member Patrick Leahy, D-Vt., sought the report last year (see 1510230036). The CO is continuing ongoing studies of Digital Millennium Copyright Act sections 512 and 1201, Claggett said. The office sought further comment last month on its 512 study, which in part examines the effectiveness of the current notice-and-takedown process, the counter-notification process and the legal standards that apply under the section (see 1611080021). Copyright stakeholders continued to advocate in reply comments last month for and against the need for new permanent exemptions to Section 1201’s provisions barring the circumvention of technological protection measures (see 1611170052).
Claggett said she's hopeful the House Judiciary Committee will continue to consider the recommendations her office made in its 2015 music licensing report (see 1502050055) and its 2013 proposal for establishing an alternative copyright small claims process (see report in the Oct. 1, 2013, issue). She said both policy documents spurred the introduction of legislation in the 114th Congress, including the Fair Play Fair Pay Act (HR-1733) and the Copyright Alternative in Small-Claims Enforcement Act (HR-5757).