ICLE Comments on Judiciary Committee Review of U.S. Copyright Law: Policy Proposal for Copyright Office Reform

COMMENTS OF ICLE, 2017

18 Pages Posted: 3 Feb 2020

See all articles by Geoffrey A. Manne

Geoffrey A. Manne

International Center for Law & Economics (ICLE)

Neil Turkewitz

affiliation not provided to SSRN

Kristian Stout

International Center for Law & Economics (ICLE)

Allen Gibby

International Center for Law & Economics (ICLE)

Date Written: January 31, 2017

Abstract

“Given the importance of copyright protection to the US national interest, including from an economic, political and social perspective (on which, please see our response to the Register’s request for comments, attached), we strongly agree with the proposal set forth by the Committee to reform the Copyright Office.

First, we agree with the Committee that in order to best advance the interests of the United States — “to meet the needs of a modern 21st Century copyright system” — the Copyright Office should be established as a stand-alone office in the legislative branch, and that the Register be nominated and subject to confirmation by Congress. As will undoubtedly be articulated in other submissions, the establishment of the Copyright Office within the Library of Congress was largely an accident of history related to the deposit of copies and the Library collection. But there is little reason to continue the status quo in an environment of constant change when it no longer best serves the interests of the nation. For much of our history, while there may have been the potential for some conflict between the objectives of the Library and those of the Copyright Office, they tended to be minimal, and largely to be avoided by the Library’s general deference to the Copyright Office in matters affecting copyright policy.

As will undoubtedly be articulated in other submissions, the establishment of the Copyright Office within the Library of Congress was largely an accident of history related to the deposit of copies and the Library collection. But there is little reason to continue the status quo in an environment of constant change when it no longer best serves the interests of the nation. For much of our history, while there may have been the potential for some conflict between the objectives of the Library and those of the Copyright Office, they tended to be minimal, and largely to be avoided by the Library’s general deference to the Copyright Office in matters affecting copyright policy.

In the current digital environment, however, the intersections and points of conflict between Library priorities focused on preservation and access, and Copyright Office priorities of encouraging and protecting creativity, have grown more frequent and more fundamental….”

Keywords: Copyright

Suggested Citation

Manne, Geoffrey and Turkewitz, Neil and Stout, Kristian and Gibby, Allen, ICLE Comments on Judiciary Committee Review of U.S. Copyright Law: Policy Proposal for Copyright Office Reform (January 31, 2017). COMMENTS OF ICLE, 2017, Available at SSRN: https://ssrn.com/abstract=3405751 or http://dx.doi.org/10.2139/ssrn.3405751

Geoffrey Manne (Contact Author)

International Center for Law & Economics (ICLE) ( email )

2117 NE Oregon St.
Suite 501
Portland, OR 97232
United States
503-770-0076 (Phone)

HOME PAGE: http://www.laweconcenter.org

Neil Turkewitz

affiliation not provided to SSRN

Kristian Stout

International Center for Law & Economics (ICLE) ( email )

2117 NE Oregon St.
Ste 501
Portland, OR Oregon 97232
United States
5037700076 (Phone)
5037700076 (Fax)

HOME PAGE: http://www.laweconcenter.org

Allen Gibby

International Center for Law & Economics (ICLE) ( email )

5005 SW Meadows Rd.
Suite 300
Lake Oswego, OR 97035
United States

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