The House Judiciary Committee has passed the amended “Register of Copyrights Selection and Accountability Act” (H.R. 1695) by an overwhelming majority of 27-1.
Key provisions of the act makes the Copyright Office an independent agency under the Legislative Branch with no connection to the Library of Congress and creates a Small Claims Court System for pursuing infringements.
Currently the U.S. Copyright office is a separate division of the Library of Congress. In October 2017 the newly appointed Librarian of Congress, Dr. Carla Hayden, fired the well liked and respected
US Register of Copyrights, Maria Pallante.
Pallante had been a huge advocate for the rights of Creators and instrumental in the governments efforts to modernize the Copyright Office and create a Small Claim’s Court for Creators.
Dr. Hayden is the former CEO of The Open Society Institute, a George Soros funded group. The Soros foundation money regularly finds it way to groups that wish to further weaken or abolish copyright protections for authors all together. Copyright has become a contentious issue, and Hayden, as the librarian of Congress, had the authority to make a new appointment without congressional review.
The House Judiciary Committee is sending a clear signal that they want stronger copyright protection for creators. History has demonstrated that it is essential that for the Copyright Office to have autonomy over its budget and technology needs as well as its operational procedures (staffing, fees, structure, etc.).
According to Copyright Alliance CEO Keith Kupferschmid, “we commend Chairman Goodlatte, Ranking Member Conyers, and all who demonstrated vigorous and expeditious backing for this important piece of legislation, enabling it to be passed through committee with tremendous bipartisan support.”
The visual arts community has, for some time, lobbied for a copyright small claims system that would provide photographers, illustrators, graphic artists, other visual artists and their licensing representatives with a fair, cost-effective and streamlined venue in which they can seek relief for relatively modest copyright infringement claims.
Under current law, too many legitimate copyright claimants are unable to pursue a copyright infringement action in federal court. This is due primarily to the prohibitive cost of retaining counsel and maintaining the litigation for relatively low value claims. This situation is often exacerbated by the fact that claimants are often opposed by large corporations with limitless resources and the resolve to complicate and protract a case in hopes that the plaintiff runs out of patience, money or both.
Kupferschmid added, “The Register of Copyrights is an extremely important position to the U.S. economy, creativity and culture, which should be acknowledged by making the role a presidential appointee subject to Senate confirmation – just as the head of the Patent and Trademark Office and so many other senior government officials are.”
The bill is expected to be voted on by the full House of Representatives in the near future. If successful, it will move on to the Senate and assuming success there on to the President for signature. While there is still a long way to go an important first step has been taken. There seems to be a real possibility that the industry will have a Small Claims system and improved copyright registration processes in the not too distant future.
Visual creators need to express particular thanks to the Coalition of Visual Artists and the various member trade associations for their dogged work on this bill. The associations are:
the American Photographic Artists (APA), American Society of Media Photographers (ASMP), Digital Media Licensing Association (DMLA), Graphic Artists Guild (GAG), National Press Photographers Association (NPPA), North American Nature Photography Association (NANPA) and Professional Photographers of America (PPA).