Senate Judiciary Leaders File Register of Copyrights Legislation, Seek 'Quick Action'

Feinstein and Grassley called Tuesday for “quick action” in the Senate on their bill, which Sens. Orrin Hatch, R-Utah, and Patrick Leahy, D-Vt., co-sponsored. The bill is “much more like [HR-1695] than was first believed possible” given a jurisdictional dispute between Senate Judiciary and the Senate Rules Committee over which committee would take the lead in handling the bill in the Senate (see 1704060064), a content-side lobbyist said. The bill "is moving forward much faster than I anticipated," a music industry lobbyist said.

Senate Judiciary is working with Senate Rules to "determine the best path forward," an aide said. "But don’t count on it being on the agenda this week." That doesn't clarify what the final arrangement between the two committees is, lobbyists said. Senate Rules Chairman Richard Shelby, R-Ala., sought some recognition of the committee's interest in the bill, said Association of American Publishers Vice President-Legal and Governmental Affairs Allan Adler. Shelby isn't believed to be opposed to the bill but simply wants “his fingerprint” in its creation, a lobbyist said.

Shelby decided not to attach a threatened rider in the FY 2017 federal spending bill that would have prohibited Librarian of Congress Carla Hayden from hiring a new register before Sept. 30 after Hayden informally agreed to “pause” her search for a permanent replacement to ousted Register Maria Pallante pending a final decision in the Senate on HR-1695, two lobbyists said. Associate Register Karyn Temple Claggett has been acting register since Hayden removed Pallante as CO head in October (see 1610210061 and 1610240052). Congressional leaders may have assuaged Hayden by raising the amount of CO user fees the office can use on IT modernization efforts by $3.7 million in the FY 2017 omnibus federal spending bill set for a House vote Wednesday, a lobbyist speculated. The House and Senate Appropriations committees take “no position on larger systemic changes being considered,” but are “committed to improving the IT systems as broader discussions are being had.” The Library of Congress didn't comment.

Goodlatte's Agenda

Goodlatte highlighted House passage of HR-1695 as an example of House Judiciary's accomplishments so far in the 115th Congress on its tech-related policy agenda, saying the committee will need to hold further hearings “soon” on additional CO modernization measures. “Support is building” for legislation on other aspects of a CO modernization legislative proposal that House Judiciary leaders released in December (see 1612080061), and there must be “bipartisan support” for further legislation before the committee can move forward, Goodlatte told reporters. The proposal from Goodlatte and House Judiciary ranking member John Conyers, D-Mich., aimed to grant the CO more autonomy from the LOC but still keep it part of the legislative branch.

Goodlatte's push for further hearings came after opposition to HR-1695, Adler said: “You heard people insisting [HR-1695] was being rushed through,” and other aspects of the Goodlatte/Conyers proposal deal with issues that are "a little more complicated,” like the small claims process language. “It's probably prudent for him to hold hearings” on small claims and other issues so critics “can't raise that argument again,” Adler said. Additional House Judiciary hearings on CO modernization will effectively “protect” Goodlatte and “apply some sense that the committee needs to be transparent” in creating additional legislation given that those bills are aimed at improving CO transparency, a music industry lobbyist said.

Computer & Communications Industry Association Vice President-Law and Policy Matthew Schruers said he welcomes new House Judiciary hearings because “our entire conversation on [CO modernization] up to this point has been focused on the office's leadership.” CO IT problems “may be a comment on leadership as well but it's not the same thing and we haven't talked” about other issues the copyright community has with the office, he said. "I think you'll see both sides come forward” in hearings and “all sorts of political issues will crop up,” a music industry lobbyist said. A tech lobbyist said that “it seems like we ought to be beyond the hearings stage."

House Judiciary is interested in crafting consensus legislation to address music licensing, but those problems are “very complex,” Goodlatte said. The committee is continuing to meet with stakeholders to gauge “how we can move forward” on legislation that promotes “fairness” to all sides. Officials have been hopeful about finding a compromise even as some parties continued to push more controversial proposals like the Fair Play Fair Pay Act (HR-1836), which would require most terrestrial radio stations to begin paying performance royalties (see 1703030059 and 1703300064).

Goodlatte said he sees efforts to overhaul Section 702 of the Foreign Intelligence Surveillance Act and possible patent law revamp legislation as important components of House Judiciary's tech agenda. At least a slight overhaul of 702 is likely as part of a bid to authorize the program ahead of its sunset later this year, Goodlatte said. “There are some people who want a clean reauthorization” but “for a variety of reasons, I don't believe that is possible.” House Judiciary will continue to seek legislation to “discourage abusive patent litigation and keep U.S. patent laws up to date,” he said. The committee also continues to work on addressing encryption, Goodlatte said.