US Copyright Office: annual2005

8/14/2019 US Copyright Office: annual2005

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Annuth R


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the Re


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Content

1 A Message from th

5 Copyright in the P

9 Copyright Law Ad


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f


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Second is our policy and legal activiwe spent considerable time searching for

licensing scheme for legitimate online m

the various interested parties (music pub

services, songwriters, and performing ri

that was the subject of a House hearing a

in a Senate hearing on this issue Follow


7/98

Once again the staff of the Offi ce performed where speak for themselves. Next year even greater c

confident that the talented and dedicated staff of th

M


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Co

i th


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decision should be very helpful to the Uwith other countries about updating the

digital networked environment that con

infringement is a major problem abroad

beneficial side effect of the publici

helped to bring the issue of illegal file sh

more difficult for defenders of the practi


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i i


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2005, the average time to issue a certificato complete registration records was 55 d

Preregistration

The President signed the Family Entertai

09 9 on April 27 2005 This legislation a


15/98

Reconsiderations of Denial of Registration

During Fiscal Year 2005, the Examining Division h

reconsideration (formerly called appeals) coverin

to register, 93 claims (33 percent) were reversed up

During Fiscal Year 2005, the Copyright Offi ce

and make final administrative determinations on

the Examining Divisions refusals to register works


16/98

submits the Copyright Offi ce Litigation involving the copyrighted work; or (3) th

reproduction of a deposited article, facsi

the subject of litigation in its jurisdiction

The Information and Reference Div

produced 5,054 copies of certificates of r

previous year During the fiscal year the


17/98

Vessel Hull Designs

The Vessel Hull Design Protection Act was signed

of the Digital Millennium Copyright Act (DMCA)

of an original vessel hull design certain exclusive ri

registration of the design with the Copyright Offi c

design being made public.

The Office received 74 applications for registra


18/98

only under the titles appearing in the expractice that allowed a party to attach a

purpose of indexing has been discontinu

practice governing the redaction of docu

permit some redaction of documents, bu

redaction since constructive notice is lim

recorded Moreover the Copyright Offic


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These copies are deposited with the CopyrightCongress in its collections or for exchange or trans

Acquisitions Division (CAD) acquires from publish

Congress collections when those works have not b

or voluntary deposits sent in

compliance with the mandatory

deposit requirement The


20/98

Some of these statutory licenses requfunds with the Copyright Offi ce. Statuto

of 976, Pub. L. No. 94-553, 90 Stat. 254

icensing Division dates from 978 when

R

have

CongLicensing Division


21/98

division also pursued several internal measures to workflow and quicker public availability of comple

Royalty Fee Distributions

The Copyright Offi ce distributes royalties collected

of the copyright law These distributions are made


22/98

Compulsory License Administration

Up to 2005, when the Copyright Royalty

CARPs determined distribution of royal

cable and satellite licenses and for DART

controversies among themselves. CARP

and conditions of payment. A CARP pan

During fiscal year 2005 the Copyrig


23/98

notice seeking comment on the former petition anfile a Notice of Intent to Participate in a Copyright

rate adjustment proceeding. The notice also design

the parties to negotiate a new rate schedule. At the

Offi ce received one agreement submitted jointly by

who filed notices of intent to participate in this pro

amending the basic royalty rates and the gross rece


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the agreement adjusting the rates for analog signalfor the private home viewing of distant superstatio

for the 20052009 period, as well as the viewing of

establishments. The agreement specifies that distan

stations that are significantly viewed do not require

consistent with 7 USC 9(a)(3), as amended. In

that in the case of multicasting of digital superstat


26/98

distributed to an Independent AdministRecordings Fund, the amount allocated b

Nonfeatured Vocalists subfunds.

Similar distributions were made in t

two distributions of royalties of the 2003

agreements among the interested copyri

to the Featured Recording Artists subfun


27/98

and terms under 4(f)(2) and 2(e) for the 200The notice also announced that pursuant to the Ac

on December 3, 2004, under 4(f)(2) and 2(e

eligible nonsubscription services, and services exem

Copyright Act, and the rates and terms published i

authority of the Small Webcaster Settlement Act of

least for 2005 or until they have been set under ne


28/98

Claims Filed for Royalty Fees

The Copyright Offi ce received and proce

entitled to receive royalty fees generated

during calendar year 2004 under the ter

anuary and February of 2005, the Offi ce

With the passage of the Copyright Royal

Copyright Royalty Judges assumed juris


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of

C


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refusals to register not only copyright cladesign claims, and it changed the name

the Review Board.

Preregistration of Certain Unpublish

On J l 22 2005 p rs ant to the Artists


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applicant meet the other regulatory requirements fphotographs. The amended regulation also clarifie

given for each photograph may be identified in a te

that contains the photographic images or on a list

provides the publication date for each image.


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mail or hand deliver its claim to the Offi ce during t

year since 2002, however, the Offi ce had waived its

several additional means for delivering a cable, sate

including online submission of the claim, or in the

submission. The Offi ce took this action in respons

caused by the threat of anthrax-contaminated mail

f il d t th di i f il t ff it l


36/98

passed to the CRJs on May 3, 2005, the

the Copyright Royalty Board issued its o

Consequently, on July , 2005, the Offi ce

removing from the CARP rules the secti

and DART claims (70 38022).


37/98

covers the payment periods; and make technical ch

requirements apply only to preexisting subscriptio

Cost of Living Adjustment for Performance of

Compositions by Colleges and Universities

E h th C i ht Offi dj t th t f


38/98

Protecting copyright and innovation

28, 2005

Before the Subcommittee on Intellectual P

Judiciary

Piracy of intellectual property on M

M i li i f J l


39/98

to reproduce and distribute musical works as embo

digital phonorecord deliveries. The Copyright Offi

written, is insuffi cient to address, and in some case

realities of online music distribution and the contin

of the music industry agrees. On March 8, 2005, re

songwriters, music publishers, and digital music se

th H S b itt C t th I t t


40/98

induces others to engage in copyright in

for that infringement, thereby encouragi

within the music industry that will ultim

it easier to obtain music online legitimat

foreign court decisions demonstrate a gr

those who induce infringement can be h

d th t th li h d l h l d t


41/98

the parties, to seek a written determination from th

questions of substantive law. In such cases, the CRJ

interpretation. The Register may also review the fin

legal error in the resolution of material questions o

Registers review may not affect the result in a part

substantive law made in the Registers review shall

C i ht R lt J d i b t di


42/98

Family Entertainment and Copyright Act of

On April 27, 2005, the President signed i

Copyright Act (FECA), Pub. L. No. 09-

parts of FECA. FECA consists of four tit

Title I, the Artists Rights and The P

the criminal code (title 8 of the United

it i i l ff t k i l fil


43/98

the performances portions of the audio and/or vid

that they believe would be offensive.

Title III of FECA consists of the National Film

reauthorizes the activities of the Library of Congre

Board, and the National Film Preservation Founda

which reauthorizes the activities of the National Fi

Titl IV f FECA th P ti f O h W


44/98

classroom, and modified the existing de

only with respect to print educational m

such materials are distributed exclusively

disabilities.

Satellite Home Viewer Extension and Reauth

O D b 8 h P id i


45/98

Study on Statutory Licensing

The Satellite Home Viewer Extension and Reautho

08-447, requires the Copyright Offi ce to conduct t

licensing and report its findings to the Committee

Representatives and the Committee on the Judiciar

the end of 2005, requires the Offi ce to examine sele

l d i h if ff i d h


46/98

Section 108 Study Group

The Copyright Offi ce and the Library of

Infrastructure and Preservation Program

began its work in mid-2005. The Section

public-sector and private-sector copyrig

digital world the copyright laws balance

d h d f lib i d


47/98

Protection against unauthorized use of a copyr

primarily on the national laws of that country. Mos

foreign works under the aegis of international copy

The Copyright Offi ce continued to work in tan

on international matters, particularly with the Uni

(USTR), the Patent and Trademark Offi ce (USPTO

C


48/98

the Convention on Cultural Diversity, th

and Related Rights, and the Intergovern

Throughout the year, staff actively pa

negotiations and consultations with doze

those held with Brazil, Canada, China, Jap

Korea, Taiwan, Thailand, Ukraine, and th

f i h l i i F


49/98

For five days beginning September 8, the Regist

interviews in Brazil as part of the State Department

presentation at the National Library of Brazil on th

to copyright law. At SENAC University in Sao Paul

two-day seminar on intellectual property for 350 re

media, publishing, and author communities. At the

i i h d di i l i d


50/98

L i t i g a t i o n

lthough the Offi ce does not enforce the

litigation in several ways. It can choose t

registration has been refused. It may be s

It may be asked to participate in litigatio

i b i f i f i l


51/98

Circuit misconstrued Sony as aper se rule, the cou

Alternatively, the government argued, liability coul

active inducement of infringement by the users of

On June 27, 2005, the Supreme Court reversed

the case for further findings of fact. The Court fou

misconstrued the Sony decision when it failed to co

f h d d d f b


52/98

The Supreme Court granted certiora

amicus brief on August 4. Oral argumen

Recording Industry Association of Amer

Communications, Inc.

h d d f


53/98

of the part numbers. On appeal early in 2003, a diffe

distinguished the earlier panels decision and held th

a finding of copyrightability in the part numbers, re

The entire court of appeals then granted rehearing o

assisted the Justice Department in preparing an am

reiterating the position that individual part number

b h f l


54/98

The case was argued on February 7,

pril 8, 2005, affi rming the district court

rejection of their claims was not arbitrar

court also found no basis on which to s

regulations to bar the studios claims as u

entirely unpersuasive the studios argum

h


55/98

Beethoven.com v. Librarian of Congress

On July 8, 2002, the Librarian announced a final ru

copyright license rates for eligible nonsubscription

transmissions by new subscription services made b

statutory license that provides for public performa

of digital audio transmissions. Three separate grou

h d f l f h


56/98

Lucks Music Library, Inc. v. Gonzalez

s is related in the Annual Report for Fi

Court for the District of Columbia dism

the Attorney General and the Register o

that 54 of the Uruguay Round Agreem

works (as codified in 7 USC 04A), vio


57/98

various formalities such as copyright notice and re

and the Copyright Clause of the Constitution. On

granted the governments motion to dismiss for fai

relief may be granted, rejecting all of the plaintiffs

plaintiffs are appealing that decision to the United

Ninth Circuit.


58/98

On August 30, 2005, the court of ap

Taylor Gis, Inc., 42 F.3d 99. The court

registrable under the Offi ces group regis

single work because they were included

concluded that the particular garden roc

reversed the judgment of the district cou


59/98

expressly claiming authorship in settlement prices

withdrew those applications and submitted new ap

authorship. However, the subsequent infringemen

individual prices. At the hearing on the defendant

it was suggested that the Register of Copyrights sh

lawsuit and given an opportunity to intervene und


60/98

239A, the antibootlegging statute that m

performance without the consent of the p

copies or phonorecords of such recording

recordings at his record store. The district

because it violates the Copyright Clause b

(live performances) for an unlimited time


61/98

registration. Based on this requested relief, the Reg

her decision to deny registration. Shortly aer the

defendants decided to settle the litigation and dism

Planesiv. Peters


62/98

The plaintiff filed this action in Dece

for the Northern District of California. T

or in the alternative for summary judgm

the plaintiff lacks specific injury to confe

decide the issues presented. The governm

fail as a matter of law because the availab


63/98

complaint. The court held that Congress had veste

such decisions in the United States Court of Appea

Circuit and stated that if Ms. Borset wished to pur

seek relief in that court.

Register of Copyrights v. Kenneth Hornak, dba Edi


64/98


65/98

cy r


66/98

The website received numerous add

including:

A section devoted to historical docu

Registers of Copyright; annual repor

post earlier additional annual report

reports; and copyright lore and artic


67/98

Awareness Week kick-off activities at the Library a

and goals of Copyright Awareness Week among m

Jefferson Patterson Junior Fellows Summer Int

The Copyright Offi ce served as cosponsor of the Li


68/98

Public Information Outputs

In Fiscal Year 2005, the Offi ce overall res

Non-Fee Reference Services

in thousands


69/98

Freedom of Information Act (FOIA)

The Offi ce received and responded to 50 requests u

year. Although several of these requests sought info

available or that is under the control of the Library

responded to the requests or referred them to the L

the General Counsel also received one appeal from


70/98


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On June 6, 2005, the Information T

an external consultative group of IT ind

IT implem

Copyrigh

assessme

The Three Fronts Supporting

Reengineered Processes


73/98


74/98

Offi ce facilities, including master schedu

assigned a full-time senior and junior de

In late September 2005, the Library

construction documents for the Offi ces

Following a final review and revisions, th

ready for contractor bidding.


75/98

During FY 2005, the Offi ce provided reenginee

House and Senate Appropriations Committees staff

Committee, American Intellectual Property Law A

and staff throughout the Library of Congress and t

Training


76/98

sessions, in each of which a small group

vice versa.

By the end of FY 2005, the position d

completed for the new position of Train

position was posted at the end of the fisc

FY 2006.


77/98

for a future pilot in which registration claims, inclu

and deposits in electronic formats, will be received

Selection Pilot

Selection is the process of deciding whether mater


78/98

Public Records of the Future

On March 4, 2005, the Register of Copy

Decisions Concerning the Recommenda

Records Requirements in response to an

copyright records made by the Online Pu

group developing the future public view


79/98

The Library scheduled the mainframe computer fo

2005. The Offi ce decided to use Voyager, the same

Integrated Library System, to maintain its records

The value of using Voyager is that it provides f

Copyright Offi ce records by keyword and for previ

will also hold all Copyright Offi ce records in one d


80/98

experience gained from the CORDS syst

development of the new web-based syste

Copyright Office In-process System (C

The Offi ce provided user support during


81/98

Security

The Offi ces initiatives stem from the Library of Co

studies, and risk assessments. The Security Plan di

Strategic Plan and provides a comprehensive fram

related initiatives, programs and activities.

In FY 2005, the Offi ce reported a small numbe


82/98


83/98

egisters Testimon

Testimony before

Committee on th

Testimony before

roperty of the H

21, 2005)


84/98

Rate Adjustment for the Satellite Car

rulemaking (70fr 3656, January 26, 2

Digital Performance Right in Sound R

termination of proceeding and curre

Reconsideration Procedure: Final rule

11, 2005)


85/98

Filing of Claims for Cable, Satellite and DART Ro

(70fr 38022, July 1, 2005)

Copyright Rules and Regulations: Statements of

amendments (70fr 8022, July 1, 2005)

Satellite Home Viewer Extension and Reauthori

(70fr 39343, July 7, 2005)


86/98

Registrations, 17902005

17901869 150,000 B

1870 5,600

1871 12,688

1872 14,164

1873 15 352

1904 104,4

1905 114,7

1906 118,7

1907 124,8

1908 120 6

Date Total Date To


87/98

Number of Registrations by Subject Matter, F

Category of Material

Nondramatic literary works:

onographs and computer-related works

erials:

Serials (non-group)

Group Daily Newspapers


88/98

Fee Receipts and Interest, Fiscal Yea

Fees

Copyright registrations

Mask works registrations

Vessel hull design registrations

Renewal registrations

Subtotal


89/98

Estimated Value of Materials Transferred to tof Congress, Fiscal Year 2005

egistered

works

ransferred to

other Library

epartments

Non-

registration

works

transferred to

ther Library

departments


90/98

Non-Fee Information Services to Pu

Information and Reference Division direct referen

In person

By correspondence

By email

By telephone

Total


91/98

Financial Statement of Royalty Fees for Compfor Secondary Transmission by Cable Systems

Royalty fees deposited

Interest income

Gain on matured securities

Transfers in

Total


92/98

Financial Statement of Royalty Feesfor Distribution of Digital Audio Re

Calendar Year 2004


Interest income


Transfers in

Total


93/98

Financial Statement of Royalty Fees for StatuSecondary Transmission by Satellite Carriers


Interest income


Total


94/98

C o p y r i g h t O f f i c e C

U. S. Copyright Offi ce

ibrary of Congress

0 Independence Avenue SE


95/98


96/98

International Copyright Treaties

an

n

u

a


97/98

Libraryof CongressUnitedStatesCopyright Office0 IndependenceAvenueSEWashington, DC 20559-6000

www.copyright.gov

International Copyright Treaties

a n d C o n v e n t i o n s

Protection against unauthorized use of a copyrighted work in a country depends

primarily on the national laws of that country. Most countries offer protection to

foreign works under the aegis of international copyright treaties and conventions.

TreatiesandConventions

Berne Convention the leading international agreement that sets standards for

protecting literary and artistic works

Bilateral a unique agreement on copyright protection between the United States

and another country

Geneva Phonograms Convention known as the Geneva Convention, sets

standards for protection of sound recordings against piracy

Universal Copyright Convention(UCC) an international agreement that sets

standards for protecting literary and artistic works, largely superseded by Berne

WIPO Copyright Treaty(WCT) an international treaty setting standards for

protection of works in digital format

WIPO Performances and Phonograms Treaty (WPPT) an international agreement

setting standards for protection of sound recordings

World Trade Organization(WTO) the World Trade Organizations obligations

regarding Trade-Related Aspects of Intellectual Property Rights, incorporating and

expanding on Berne and adding enforcement obligations

al

report

of

the

registerof

co

pyrigh

ts

2005

Organization of the U. S. Copyright Office


98/98

copyright arbitration

royalty panels

associate register for policy

and international affairs

Jule Sigall

general counsel DavidO.Carson

chief operating officer JuliaHuff

associate gen.coun selTanyaSandros

technology officeMichaelBurke,Chief

administrative officeVacant

business process

reengineering managerJeffreyCole

cataloging divisionJoannaRoussis,Chief

examining divisionJamesVassar,ChiefLindaGill,ActingAsst.Chief

information & reference div. JamesEnzinna,ActingChief

licensing divisionJamesP.Cole,ActingChiefMarkDiNapoli,Asst.Chief

receiving & processing div. MelissaDadant,ChiefVictorHolmes,Asst.Chief

ArtsSection

DocumentsRecordationSection

LiterarySection

SerialsSection

LiterarySection

PerformingArtsSection

RenewalsSection

VisualArtsSection

CorrespondenceUnit

Certifications&DocumentsSection

InformationSection

PublicationsSection

RecordsManagementSection

Reference&BibliographySection

ClericalSupportUnit

ExaminingSection

FiscalSection

LicensingInformationSection

FiscalControlSection

Receipt & CorrrespondenceControlSection

MaterialsControlSection

copyright acquisitions div. JewelA.Player,Chief

TechnicalProcessingSection

ComplianceRecordsUnit

Deposit CopiesStorageUnit

RecordsMaintenanceUnit

AccountingUnit

DataPreparation&RecordingUnit

CorrespondenceControlUnit

Receipt Analysis &ControlUnitsI,II, & III

MaterialsExpeditingUnitsI & II

register of copyrightsMarybethPeters

special legal advisor

for reengineeringNanettePetruzzelli

september 30,2005