feb17_b.indd


February 2017 105 C&RL News

Carrie Russell is director of the Program on Public 
Access to Information, ALA’s Washington Office, email: 
crussell@alawash.org

W a s h i n g t o n  H o t l i n eCarrie Russell

Copyright modernization: Digital 
upgrade or power grab? 
The House Judiciary Committee has made 
little progress on copyright reform since 
it began a review of the Copyright Act 
of 1976 over three years ago. For many 
stakeholders, this is good news because 
amendments could weaken user rights 
to copyright. Modernization of the Copy-
right Office—upgrading the office’s digital 
technologies—is one area of agreement, 
but some want to add provisions that 
have nothing to do with a tech upgrade. 
In fact, a tech upgrade would not require 
legislation. Along with a bigger budget, the 
starting point for modernization should be 
recommendations made by the Govern-
ment Accounting Office (GAO) in a report 
released back in March 2015: “1) develop 
key information to support proposed initia-
tives for improving its IT environment and 
submit them to the Library’s IT investment 
review board for review, and 2) develop 
an IT strategic plan that is aligned with 
the Library’s.”  

GAO describes in detail the IT deficien-
cies in the Copyright Office, and users tend 
to agree. Stakeholders rightly expect that 
the office’s mission-critical services—in-
cluding basic registration—should operate 
like other digital commerce, in real time, 
like ordering socks from Land’s End. But 
based on all accounts, making any head-
way to improve IT in the Copyright Office 
has been more than difficult. 

The House Judiciary Committee has 
proposed legislation that includes pro-
visions and policy changes favored by 
rights holders and does not address IT 

problems. The Digital Economy (Code) 
Act (H. R.4241) drafted in the last Congress 
would strengthen the role of the Register 
of Copyrights by making the Copyright 
Office an independent agency, no longer 
reporting to the Library of Congress, and 
changing the title of the register to director, 
and adding more policy responsibilities. 
The director would no longer be appointed 
by the Librarian of Congress but would be 
appointed by the president from a list of 
recommendations proposed by the Senate. 
Moreover, the Copyright Office would have 
decision-making authority over exemptions 
to the Digital Millennium Copyright Act 
1201 rulemaking process. 

These changes could bolster the influ-
ence that rights holders already have over 
copyright policy and statute. It is possible 
that we would see copyright legislation 
that focuses on changes to Section 108 
and orphan works legislation, attempts to 
curb fair use and increase enforcement, 
and to impede ratification of the Marrakesh 
Treaty, which would support access to 
people who are blind or otherwise print 
disabled. Legislation like H. R. 4241 likely 
will be introduced in the new Congress. 
The library community will need to define 
our position in response. 

So, yes to IT modernization. We support 
the funding necessary to get the Copyright 
Office back on track. And with the Library 
of Congress—home to the Copyright Of-
fice—also woefully in need of a tech up-
grade, it’s time to closely collaborate with 
the new Librarian of Congress. Unlike her 
predecessor, Carla Hayden well under-
stands modern library digital infrastructures 
and technologies. For the first time in many 
years, there is hope that modernization of 
the Library of Congress and the Copyright 
Office can truly begin and succeed.