Senate Register of Copyrights Bill's Prospects Seen Unclear Amid Jurisdictional Dispute

S-1010's prospects remain an open question primarily because of the ongoing dispute between the Senate Judiciary and Rules committees over how they will handle jurisdiction over the bill, lobbyists said. The Senate listed the bill as being referred to Rules but there was no indication the two committees fully resolved the dispute, the lobbyists said. “The jurisdiction question certainly needs to be answered,” a tech lobbyist said. A similar jurisdictional dispute in the House involving the House Administration Committee temporarily delayed a floor vote last month on HR-1695 (see 1704060064 and 1704200047).

Senate Rules can lay claim to S-1010 because the bill would “take away” some of the Library of Congress' power over the Copyright Office, but Senate Judiciary has a clear role too because it handles copyright policy, a pro-S-1010 lobbyist said: “There's an element of a good old-fashioned jurisdictional fight” over the bill that could at least delay committee-level consideration. Feinstein, Grassley and S-1010's other co-sponsors urged “quick action” but it's not clear when a markup in Senate Judiciary or Senate Rules might occur, lobbyists said. A Senate Judiciary aide said the committees are working toward a solution. Senate Rules is "engaged in ongoing discussions," a spokeswoman said.

S-1010's supporters and opponents diverged on the bill's state of play beyond the jurisdictional dispute. The House's 378-48 vote in favor of HR-1695 and appearances of bipartisan Senate support for S-1010 are “certainly encouraging” and “we are cautiously optimistic” about the bill, said Software and Information Industry Association General Counsel Chris Mohr. “I don't think the debate over [S-1010] is going to be like it was on the House side,” where Rep. Zoe Lofgren, D-Calif., and several other House Democrats strongly objected to the bill, a music industry lobbyist said.

The tenor of the House debate on HR-1695 could result in “more skepticism” from senators about S-1010, particularly since Senate Minority Leader Chuck Schumer, D-N.Y., and Sen. Ron Wyden, D-Ore., have concerns about the bill, an anti-S-1010 lobbyist said. “There's likely to be a tougher slog in the Senate.” The presence of Schumer and Wyden as potential opponents of S-1010 could be problematic even if the bill gets majority support from other senators because any individual senator can place a hold on a bill, another S-1010 critic said. Holds are “always a risk” in the Senate but thus far “I haven't heard anything that suggests” that Schumer, Wyden or other potential opponents are concerned enough about the bill to take that step, a content-side lobbyist said.

The CO modernization debate also emerged Wednesday during a House Appropriations Legislative Branch Subcommittee hearing. Copyright Alliance CEO Keith Kupferschmid, a HR-1695/S-1010 backer, said it's "essential for modernization efforts that the [CO] be given autonomy over its own budget, staff and [IT] to carry out its mission.” Many CO challenges “can be traced back to the fact that the [office] is within and under the direction and supervision” of the LOC, Kupferschmid said: The CO “does not have its own [IT] infrastructure” and is “obligated to use the [LOC’s] network, servers, telecommunications, security and all other IT operations the library manages. It also lacks authority over its own budget and staffing because of this structure.” The House Judiciary Committee is expected to soon hold hearings on additional CO modernization legislation.