Category Archives: Copyright Office

Copyright Office Requests Public Comment on Mass Digitization Pilot Program

The U.S. Copyright Office has published a Federal Register notice requesting written comments to assist it in developing draft legislation that would establish a legal framework for certain mass digitization activities. For the past several years, the Office has been exploring ways to facilitate and support mass digitization projects serving the public interest while appropriately balancing the interests and concerns of copyright owners. In its recently issued Orphan Works and Mass Digitization Report, the Office proposed the creation of a limited “pilot program” that would allow certain types of mass digitization projects to be authorized through a system known as extended collective licensing (ECL). The ECL pilot program recommended by the Office would enable users to digitize and provide access to certain works for research and education purposes under conditions to be agreed upon between rightsholder and user representatives.

Because the success of such a system depends on the voluntary involvement of both copyright owners and users, the Office is inviting public comment on several issues concerning the scope and operation of the pilot program. The Office will then seek to facilitate further discussion through stakeholder meetings and, if necessary, additional requests for written comment. Based on this input, the Office will draft a formal legislative proposal for Congress’s consideration.

The Notice of Inquiry is available here. Written comments are due on or before August 10, 2015.

DMLA via our counsel, Nancy Wolff, is working on comments representing our association.  We are also working with our Ad Hoc Association Group so that our comments are aligned and that we speak as a united industry.  Please feel free to send your input to Nancy at NWolff@cdas.com

Copyright Office Issues a Notice of Inquiry on Photographs, Graphic Artworks, and Illustrations

The U.S. Copyright Office has published a Federal Register notice requesting written comments on how certain visual works, particularly photographs, graphic artworks, and illustrations, are monetized, enforced, and registered under the Copyright Act. The Office is specifically interested in the current marketplace for these visual works, as well as observations regarding the real or potential obstacles that these authors and, as applicable, their licensees or other representatives face when navigating the digital landscape.

Photographers, graphic artists, and illustrators have expressed a growing list of concerns in recent years when speaking to both the Copyright Office and Members of Congress. This Notice of Inquiry thus builds upon our longstanding policy interest in these types of visual works, including the Copyright Office’s studies in a number of areas such as small claims, the making available right, resale royalties, registration, recordation, and the interoperability of records. As always, the Office is interested in the perspectives of copyright owners as well as users of these creative works. This is a general inquiry that will likely lead to additional specific inquiries.

The Notice of Inquiry is available here. Written comments are due on or before July 23, 2015, and reply comments are due on or before August 24, 2015.

DMLA will be preparing a response to this inquiry and we welcome input from our members. Please contact Nancy Wolff, DMLA Counsel at NWolff@cdas.com with your comments.