1 Carrie Russell American Library Association - PowerPoint Presentation

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Carrie RussellAmerican Library AssociationWashington OfficeKraemer Copyright Conference Colorado SpringsJune 6, 2017

Copyright policy from the slow moving swamp

This is too sunny

Alas, DC

Woe is me.Ain’t it awful? Sure hate it.I’m so tired. Are you tired?Why am I always so tired?Who knows what will happen next?

I give him 18 months. Now what?

Current environmentStill in the legislative branch

Copyright OfficeCongressHouse Judiciary CommitteeSubcommittee on Courts, Intellectual Property and the InternetCopyright ReviewH.R. 1695 Register of Copyrights Selection and Accountability Act S. 1010 Now under the jurisdiction of Senate Rules CommitteeExecutive Branch Not much from TrumpUSPTO – unchanged for nowTradeIP Czar

Current environmentLiving in the legislative branchCopyright OfficeCongressHouse Judiciary Committee

Subcommittee on Courts, Intellectual Property and the InternetCopyright ReviewH.R 1695 Register of Copyrights Selection and Accountability Act S. 1010 Now under the jurisdiction of Senate Rules CommitteeExecutive Branch Not much from TrumpUSPTO – unchanged for nowTradeIP Czar

Copyright ReviewStraight from Register’s remarks “The Next Great Copyright Act”Four years and countingNo consensusPlenty of reports

Pitiful progress (But most players don’t care!)Silly Register bill

This is what really happened…

“Under current law, the Register of Copyrights, who leads the Copyright Office, answers solely to the Librarian of Congress. As an institutional matter, this creates a conflict. Libraries are a key stakeholder in the Copyright ecosystem, but they are just one of many stakeholders, each with different priorities and interests. To place the fate of the Copyright Office in the hands of one interested party does a disservice to the copyright system it is charged with administering.”

Nadler D-NYBut it isn’t a conflict when the CO is staffed only with copyright counsel that have worked for RIAA, Authors Guild….

I cannot resist showing this photo.

“For more than a century, the Copyright Office has been within the Library, not because of a specific plan by our founders, but because of the power and influence of a Librarian. For that reason, I think it is very appropriate that we, today, recognize that there are reasons that, in the future, we must balance the strength or weakness of a Librarian, the whims or prejudice of a Librarian, the capability of a Librarian, the interest of a Librarian, or, in fact, the lack of interest of a Librarian against those of our constitutional responsibility to both protect copyrights and, quite frankly, to modernize the Copyright Office.”

-Darrel Issa R-CO (who BTW is facing a tough re-election) “You cannot have good management without the ability to remove a person who is misbehaving.” -Zoe Lofgren D-CA (who also publicly spoke about the Inspector General’s February report about mismanagement of CO funds.)Chairman Goodlatte: “This problem could have been avoided in the first place if the prior registrar had not been forced out. She spent years working with us to identify copyright policy issues that needed this committee’s attention, and I would say that, notwithstanding the gentlewoman’s contention that this will set back modernization, every single major copyright organization in America supports this bill.” 

The Library stuffOrphan worksMass digitizationSection 108Fair useRegister bills and “modernization” of the CO

Guess that with so much discord, nothing will happen on key library issues for awhile

“The House is a crime scene…”Very dysfunctionalBeholden to private interestsCounting on the public to remain unawareCounting on the public to be lazy

Engaging the public only when it suits themPitting one side against anotherCutting taxes is only common causeContinually shooting themselves in the footUS Senate will probably be the one who gets stuff done

Lack of willCongress has a narrow view of the purpose of copyrightHappily let others make decisions for them Ignorant of the digital environmentIgnorant of just about everything outside of the Beltway, including education

Out to make a name for themselvesConstantly running for office“It’s an election year” Unwilling to commit to real change in governing

US Copyright OfficeWhere does one begin?Historically, CO understood the purpose of the copyright law to be for to be for authors firstIgnorant of educational and learning needsHappy to find new revenue streams

Another government agency “captured”Another government agency with a revolving doorNot focused on their core missionTight with rightsholdersLibraries are seen as obstructionists

The Library of CongressStaff are happy with new leadershipThe Librarian needs a politically savvy staff at the management levelHard to make a change when for years complacency was the norm

Frustrated staff who want to make a differenceTruly damaged by previous leadershipNot a national library, belongs to CongressNew efforts and partnershipsAcquiring a new mental model will take a long time

We are having some success, but we still need to change the dialog, particularly in DC…Copyright affects everyone and not just the “creatives” or “major copyright organizations.”Zeal about the poor songwriter has got to end (IMHO)The purpose of copyright is to advance learning.

Fair use is a cornerstone of free speech, creativity and our economy. Let it flourish!