PRIA, Government Policy, Made Personal

Summary

Creates the Copyright Claims Board inside the Copyright Office as an optional place where people can choose to settle certain copyright disputes about any kind of copyrighted work. The Register of Copyrights must recommend three full-time Copyright Claims Officers, and the Librarian of Congress must appoint them after talking with the Register. The Register must also hire at least two full-time Copyright Claims Attorneys. Each Officer must be a lawyer with at least 7 years of legal experience. Two Officers must have strong experience handling or deciding copyright lawsuits and, between them, must have worked for or overseen both copyright owners and users. The third Officer must know copyright law and have experience with alternative dispute resolution. Each Attorney must be a lawyer with at least 3 years of copyright experience. Officers are paid within the federal senior-level pay range above GS‑15 (including locality pay). Attorneys are paid no more than the maximum for level 10 of GS‑15 (including locality pay). Officers serve renewable 6-year terms, with the first three initial terms staggered at 4, 5, and 6 years. If an Officer position becomes vacant or an Officer is temporarily unable to serve, the Librarian must quickly appoint a replacement or interim, and replacements filling early vacancies get a full 6‑year term. The Librarian may sanction or remove an Officer, subject to section 1503(b). The Register must give needed administrative and technical support, and the Board’s offices must be at the Copyright Office.

Title 17, §1502

Copyrights, Source: USLM XML via OLRC

(a)In General.—

There is established in the Copyright Office the Copyright Claims Board, which shall serve as an alternative forum in which parties may voluntarily seek to resolve certain copyright claims regarding any category of copyrighted work, as provided in this chapter.

(b)Officers and Staff.—

(1)Copyright claims officers.—

The Register of Copyrights shall recommend 3 full-time Copyright Claims Officers to serve on the Copyright Claims Board in accordance with paragraph (3)(A). The Officers shall be appointed by the Librarian of Congress to such positions after consultation with the Register of Copyrights.

(2)Copyright claims attorneys.—

The Register of Copyrights shall hire not fewer than 2 full-time Copyright Claims Attorneys to assist in the administration of the Copyright Claims Board.

(3)Qualifications.—

(A)Copyright claims officers.—

(i)In general.—

Each Copyright Claims Officer shall be an attorney who has not fewer than 7 years of legal experience.

(ii)Experience.—

Two of the Copyright Claims Officers shall—

(I)have substantial experience in the evaluation, litigation, or adjudication of copyright infringement claims; and

(II)between those 2 Officers, have represented or presided over a diversity of copyright interests, including those of both owners and users of copyrighted works.

(iii)Alternative dispute resolution.—

The Copyright Claims Officer not described in clause (ii) shall have substantial familiarity with copyright law and experience in the field of alternative dispute resolution, including the resolution of litigation matters through that method of resolution.

(B)Copyright claims attorneys.—

Each Copyright Claims Attorney shall be an attorney who has not fewer than 3 years of substantial experience in copyright law.

(4)Compensation.—

(A)Copyright claims officers.—

(i)Definition.—

In this subparagraph, the term “senior level employee of the Federal Government” means an employee, other than an employee in the Senior Executive Service, the position of whom is classified above GS–15 of the General Schedule.

(ii)Pay range.—

Each Copyright Claims Officer shall be compensated at a rate of pay that is not less than the minimum, and not more than the maximum, rate of pay payable for senior level employees of the Federal Government, including locality pay, as applicable.

(B)Copyright claims attorneys.—

Each Copyright Claims Attorney shall be compensated at a rate of pay that is not more than the maximum rate of pay payable for level 10 of GS–15 of the General Schedule, including locality pay, as applicable.

(5)Terms.—

(A)In general.—

Subject to subparagraph (B), a Copyright Claims Officer shall serve for a renewable term of 6 years.

(B)Initial terms.—

The terms for the first Copyright Claims Officers appointed under this chapter shall be as follows:

(i)The first such Copyright Claims Officer appointed shall be appointed for a term of 4 years.

(ii)The second Copyright Claims Officer appointed shall be appointed for a term of 5 years.

(iii)The third Copyright Claims Officer appointed shall be appointed for a term of 6 years.

(6)Vacancies and incapacity.—

(A)Vacancy.—

(i)In general.—

If a vacancy occurs in the position of a Copyright Claims Officer, the Librarian of Congress shall, upon the recommendation of, and in consultation with, the Register of Copyrights, act expeditiously to appoint a Copyright Claims Officer for that position.

(ii)Vacancy before expiration.—

An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the individual was appointed shall be appointed to serve a 6-year term.

(B)Incapacity.—

If a Copyright Claims Officer is temporarily unable to perform the duties of the Officer, the Librarian of Congress shall, upon recommendation of, and in consultation with, the Register of Copyrights, act expeditiously to appoint an interim Copyright Claims Officer to perform such duties during the period of such incapacity.

(7)Sanction or removal.—

Subject to section 1503(b), the Librarian of Congress may sanction or remove a Copyright Claims Officer.

(8)Administrative support.—

The Register of Copyrights shall provide the Copyright Claims Officers and Copyright Claims Attorneys with necessary administrative support, including technological facilities, to carry out the duties of the Officers and Attorneys under this chapter.

(9)Location of copyright claims board.—

The offices and facilities of the Copyright Claims Officers and Copyright Claims Attorneys shall be located at the Copyright Office.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The General Schedule, referred to in subsec. (b)(4), is set out under section 5332 of Title 5, Government Organization and Employees.

Statutory Notes and Related Subsidiaries

Implementation Pub. L. 116–260, div. Q, title II, § 212(d), Dec. 27, 2020, 134 Stat. 2199, provided that: “(1) In general.—Except as provided in paragraph (2), not later than 1 year after the date of enactment of this Act [Dec. 27, 2020], the Copyright Claims Board established under section 1502 of title 17, United States Code, as added by subsection (b) of this section, shall begin operations. “(2) Extension.—The Register of Copyrights may, for good cause, extend the deadline under paragraph (1) by not more than 180 days if the Register of Copyrights provides notice of the extension to the public and to Congress.”

§1502 Copyright Claims Board