On March
29, the U.S. House Judiciary Committee passed H.R. 1695, the Register of Copyrights Selection
and Accountability Act of 2017.
The Committee's vote is a positive step toward modernizing the Copyright
Office. H.R. 1695 would bring needed restructuring to the Office by making the
Register of Copyrights appointed by the President – rather than by the
Librarian of Congress – and subject to Senate confirmation.
Discussing
H.R. 1695 in a March 23 Media Advisory, Free State Foundation President
Randolph J. May stated that the adoption of such legislation "will provide
the Office with the autonomy that is needed to overcoming administrative
and technological obstacles that now keep the Office from carrying out its key
registration and recordation functions as efficiently and effectively as it
should." FSF President May and I further described the need for Copyright
Office modernization and the economic benefits of updating its administrative
functions in a January 31 letter to the Committee.
H.R. 1695,
which is sponsored by Chairman Bob Goodlatte and Ranking Member John Conyers,
has strong bipartisan backing. In passing H.R. 1695, the Committee amended the
bill to establish a selection committee comprised of Congressional leaders and
the Librarian of Congress to recommend a slate of three or more potential
nominees for Register to the President. The Committee also amended the bill to
provide that the Register can be removed only for cause. These amendments
are compatible with Copyright Office's status as a legislative agency, and also
consistent with H.R. 1695's overall purpose in restructuring the Office to give
it increased institutional autonomy.
Having
been approved by the Committee, the Register of Copyrights Selection and
Accountability Act of 2017 will hopefully receive further timely consideration in
the House.
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