Compendium of U.S. Copyright Office Practices, Third Edition

The Compendium of U.S. Copyright Office Practices, Third Edition (the “Compendium” or “Third Edition”) is the administrative manual of the Register of Copyrights concerning Title 17 of the United States Code and Chapter 37 of the Code of Federal Regulations. It provides instruction to agency staff regarding their statutory duties and provides expert guidance to copyright applicants, practitioners, scholars, the courts, and members of the general public regarding institutional practices and related principles of law. The Compendium documents and explains the many technical requirements, regulations, and legal interpretations of the U.S. Copyright Office with a primary focus on the registration of copyright claims, documentation of copyright ownership, and recordation of copyright documents, including assignments and licenses. It describes the wide range of services that the Office provides for searching, accessing, and retrieving information located in its extensive collection of copyright records and the associated fees for these services. The Compendium provides guidance regarding the contents and scope of particular registrations and records. And it seeks to educate applicants about a number of common mistakes, such as providing incorrect, ambiguous, or insufficient information, or making overbroad claims of authorship. The Compendium does not cover every principle of copyright law or detail every aspect of the Office’s administrative practices. The Office may, in exceptional circumstances, depart from its normal practices to ensure an outcome that is most appropriate. The Compendium does not override any existing statute or regulation. The policies and practices set forth in the Compendium do not in themselves have the force and effect of law and are not binding upon the Register of Copyrights or Copyright Office staff. However, the Compendium does explain the legal rationale and determinations of the Copyright Office, where applicable, including circumstances where there is no controlling judicial authority

Going means trouble and staying makes it double: the value of licensing recorded music online

This paper discusses whether a copyright compensation system (CCS) for recorded music—endowing private Internet subscribers with the right to download and use works in return for a fee—would be welfare increasing. It reports on the results of a discrete choice experiment conducted with a representative sample of the Dutch population consisting of 4986 participants. Under some conservative assumptions, we find that applied only to recorded music, a mandatory CCS could increase the welfare of rights holders and users in the Netherlands by over €600 million per year (over €35 per capita). This far exceeds current rights holder revenues from the market of recorded music of ca. €144 million per year. A monthly CCS fee of ca. €1.74 as a surcharge on Dutch Internet subscriptions would raise the same amount of revenues to rights holders as the current market for recorded music. With a voluntary CCS, the estimated welfare gains to users and rights holders are even greater for CCS fees below €20 on the user side. A voluntary CCS would also perform better in the long run, as it could retain a greater extent of market coordination. The results of our choice experiment indicate that a well-designed CCS for recorded music would simultaneously make users and rights holders better off. This result holds even if we correct for frequently observed rates of overestimation in contingent valuation studies

Reproduction of Copyrighted Works by Educators and Librarians

Discusses copyright law surrounding the reproduction of copyrighted works by educators, librarians, and archivists for educational or research purposes

Orphan Works and Mass Digitization: A Report of the Register of Copyrights

Report and analysis from the U.S. Copyright Office on how requests for the digitization of orphan works should be handled through the Copyright Office. The review process consisted of numerous public roundtables and workshops in which a variety of viewpoints were heard and examined. Comments available at: http://copyright.gov/orphan/comments/Docket2012_1

The Section 108 Study Group Report: March 2008

The Section 108 Study Group was created to re-examine the exceptions and limitations applicable to libraries and archives under the Copyright Act. This report contains the findings and recommendations of this study group on how to revise copyright law in order to balance the interests of copyright holders and libraries. It discusses the legal landscape of copyright law, including limitations and exceptions; in addition to issues particular to librarians/archives such as digital preservation, virtual libraries, e-reserves, etc