The Register of Copyrights and Why It Matters

Register of Copyrights: The Register of Copyrights is the head of the U.S. Copyright Office and is charged with “All administrative functions and duties” under the Copyright Act, most importantly administering the copyright registration system. Additionally, the Register is tasked with advising Congress, Federal departments and agencies, and the Judiciary on national and international issues relating to copyright, participating in meetings of international intergovernmental organizations (principally WIPO) and meetings with foreign government officials relating to copyright, and conducting studies and programs regarding copyright. The Register “shall be appointed by the Librarian of Congress, and shall act under the Librarian’s general direction and supervision.” 17 USC § 701(a).

 

Why it Matters: While the Copyright Office doesn’t have the sweeping powers of some other federal agencies, it does exert influence on copyright policy in a few key ways. The Register leads the Office as it develops policy studies on hot topics that can help shape debates on emerging copyright issues. The Copyright Office administers the copyright registration system, an extraordinary record of human creativity. And every three years, the Office administers the DMCA Section 1201 Rulemaking, an important safety valve in the law’s overbroad protection for digital locks. A Register with a balanced view of copyright can help Congress avoid tilting the system further in favor of excess protectionism at the expense of the public interest.

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