Copyright Office’s Notice of Register Change

From the U.S. Copyright Office:

NewsNet 638
October 25, 2016

Karyn Temple Claggett Appointed Acting Register of Copyrights

Librarian of Congress Carla Hayden has appointed Karyn Temple Claggett as Acting Register of Copyrights effective October 21. Maria A. Pallante, who served as Register since 2011, submitted her resignation from the Library of Congress effective October 29.

“Maria’s service as Register has laid the groundwork for important modernization efforts in the Copyright Office, which I intend to pursue working in close collaboration with Congress and stakeholders. Improved information technology for the office will be a top priority. I am committed to making sure the copyright system of the United States is effective, efficient, and secure,” said Hayden.

Prior to Pallante’s term as Register, she served as Deputy General Counsel (2007-2008) and Associate Register and Director of Policy and International Affairs (2008-2011) for the office. From 1999-2007 she was Intellectual Property Counsel and Director of Licensing for the worldwide Guggenheim Museums. She also worked for two authors’ organizations in New York, serving as Assistant Director of the Authors Guild Inc. and as Executive Director of the National Writers Union. She practiced at the Washington, D.C., law firm and literary agency Lichtman, Trister, Singer and Ross and completed a clerkship in administrative law for the appellate division of the U.S. Department of Labor.

“I am pleased to announce that Karyn Temple Claggett will serve as Acting Register while a national search is conducted for a new permanent Register,” Hayden said. “Karyn is a skilled intellectual property lawyer and manager, and I am confident she will provide excellent leadership for the Copyright Office in the interim.”

Temple Claggett has served since 2013 as Associate Register of Copyrights and Director of Policy and International Affairs for the United States Copyright Office. In that role, she has overseen the office’s domestic and international policy analyses, legislative support, and trade negotiations. She has directed the Office of Policy and International Affairs, which represents the Copyright Office at meetings of government officials concerned with the international aspects of intellectual property protection, and provides support to Congress and its committees on statutory amendments and construction.

Prior to joining the Copyright Office, Temple Claggett served as Senior Counsel to the Deputy Attorney General of the United States, where she assisted with the formulation of Department of Justice policy on legal issues and helped manage the Department of Justice’s Task Force on Intellectual Property. She also spent several years in the private sector as Vice President, Litigation and Legal Affairs for the Recording Industry Association of America and at the law firm Williams & Connolly, LLP. She began her legal career as a trial attorney for the U.S. Department of Justice’s Civil Division through its Honors Program and also served as a law clerk at the U.S. Court of Appeals for the Sixth Circuit. Temple Claggett earned her law degree from Columbia Law School, where she was a senior editor of theColumbia Law Review and Harlan Fiske Stone Scholar. She earned her BA from the University of Michigan.

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Head of US Copyright Office Removed

From Illustrators’ Partnership of America:

Last Friday, October 21, 2016, the head of the US Copyright Office was removed in a surprise action by the newly-appointed Librarian of Congress.

According to the entertainment industry newspaper Variety:

“Maria Pallante is out at [sic] the U.S. Register of Copyrights and is moving to a new post, a Friday announcement that was met with surprise by trade associations and other groups in Washington. The change was made by Carla Hayden…who was only recently confirmed as Librarian of Congress.”

“Pallante was locked out of her computer [Friday] morning,” reports Billboard, citing “two sources who spoke with Library employees.”

“Earlier, Hayden had called several members of Congress to tell them about her decision. Later, she called the heads of several media business trade organizations to give them the news, according to one who received such a call…Hayden, as the librarian of Congress, has the authority to make a new appointment without congressional review.”

The website Trichordist: Artists for an Ethical and Sustainable Internet warns that:

“These are dark days for all creators and copyright holders.  After a two month campaign by Google funded astroturf group Public Knowledge, the newly appointed librarian of congress Carla Hayden [an advocate of “open sourcing”] has fired Maria Pallante the register of copyright. Pallante was the only one standing between Google and what is left of the copyright system.

“This firing is virtually unprecedented in US history. The Librarian of Congress generally leaves the Register of Copyrights to run the affairs of the copyright office. However in the last two months the main Google mouthpiece in Washington DC Public Knowledge has been clamoring for her head.”

More details at Artist Rights Watch.
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Sign Copyright Alliance’s Letter to Political Candidates

~From the Copyright Alliance~

Dear Creators,

As election season grows closer and important copyright issues take center stage, please sign our letter reminding candidates of the vital role that copyright, free expression, creativity and innovation continue to play in our lives.

There is no “left” or “right” when it comes to respecting copyright. The creative community stands united in support of a copyright system that has made and continues to make the United States the global leader in the creative arts and the global paradigm for free expression. Our copyright system is not perfect but, like democracy, it is better than the alternatives. It works.

We urge candidates to universally resist attempts to erode the right of creators to determine when and how they share their works in the global marketplace.


Make your voice heard on these important matters. You can also read and sign the letter we’ve written here. #YourVoiceForCopyright

Keith Kupferschmid
CEO, Copyright Alliance

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Photography and the Law Courses on LinkedIn Learning

LinkedIn announced today the launch of LinkedIn Learning, an online learning platform enabling individuals and organizations to achieve their objectives and aspirations. LinkedIn’s goal is to help people discover and develop the skills they need through a personalized, data-driven learning experience. LinkedIn Learning combines the industry-leading content from with LinkedIn’s professional data and network.

My “Photography and the Law” courses — along with all other courses that are available on today — also will be be available on LinkedIn Learning.

Discover how LinkedIn Learning can help you. Try out LinkedIn Learning yourself today for free.

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Do You Want to Remove Your ID Info from Copyright Office Records?

The U.S. Copyright Office today published a Notice of Proposed Rulemaking (“NPRM”), seeking public comment on proposed new rules related to personally identifiable information (“PII”) that may be found in the Office’s registration records. First, the proposed rule will allow an author, claimant of record, or the authorized agent of the author or claimant of record, to request the removal of certain PII that is requested by the Office and collected on a registration application, such as home addresses or personal phone numbers, from the Office’s internet-accessible public catalog, while retaining it in the Office’s offline records as required by law. Second, the proposed rule will codify an existing practice regarding extraneous PII that applicants erroneously include on registration applications even though the Office has not requested it, such as driver’s license numbers, social security numbers, banking information, and credit card information. Under the proposed rule, the Office would, upon request, remove such extraneous PII both from the Office’s internet-accessible public catalog and its offline records.

The Notice of Proposed Rulemaking and instructions on how to submit a comment are available here. Written comments must be received no later than October 17, 2016, at 11:59 p.m. Eastern Time.

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Copyright Office Adopts “Mailbox” Rule for Appeals to Refusals to Register

The U.S. Copyright Office is changing the deadline for submitting requests to reconsider refusals to register a copyright claim. Previously, a reconsideration request had to be received by the Office, via mail, no later than three months after the Office issued its decision to refuse registration. This rule has created some uncertainty, as it can be difficult to predict when a request will physically be received by the Office, particularly given security-screening-related delays in the processing of mail. Accordingly, to provide greater certainty to applicants, the amended rule provides that reconsideration requests only need to be postmarked (via the U.S. Postal Service) or dispatched (via commercial carrier, courier, or messenger) no later than three months after a refusal is issued.

The Final Rule is available here.

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The Benefits of Registering Your Copyrights

Eagle Screech - Copyright Carolyn E. Wright

Copyrights for photographs are created at the click of the shutter. Even if you never register the copyright, it is protected by copyright law.

But there are benefits to registering your copyrights, which include:

• Registration establishes a public record of your claim of copyright.

• You must register the copyright (if it is of U.S. origin) before you can file a copyright infringement lawsuit.

• If you register the copyright before or within five years of first publication, your registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

• If you register the copyright within three months after first publication of the work or prior to an infringement of the work, you may recover statutory damages and attorney’s fees in a copyright infringement lawsuit. Otherwise, you are eligible only an award of actual damages and profits.

• Registration allows you as the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies.

You may register your copyright at any time during the life of the copyright. While the law was different before 1978, you do not need to register the copyright again when the work becomes published (although you may register the published edition, if desired).

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Seeking Applicants for Columbia-Cravath Copyright Clinic

From the Copyright Alliance:

For the past several years the Copyright Alliance has been a proud partner of the Columbia-Cravath Copyright Dispute Pro Bono Clinic.  Each fall semester the law firm of Cravath, Swaine and Moore LLP and law students enrolled in Columbia University provide free legal representation to individuals and small businesses in lawsuits involving cutting edge copyright issues.

To assist the Clinic, the Copyright Alliance reaches out to individual creators and small businesses in all disciplines to solicit for candidates for the program. In addition to having a copyright dispute that is new and ripe for litigation, for a dispute to be accepted by the Clinic it should present an interesting copyright issue, the resolution of which would benefit the creative community. Critically, candidates should be located in the New York City area and be unable to afford legal services.

If you are interested in learning more about this program, please go to, where you will find both the application requirements and an application. Because the Clinic only takes a limited number of clients each semester, applications do not guarantee representation.

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