,i #aaeth ,,congress #ast ,session ,h4 ,r4 #hij ,,in ,,the ,,house ,,of ,,representatives ,february #f1 #bjag,mr4 ,marino 7for himself1 ,ms4 ,judy ,chu of ,california1 and ,mrs4 ,comstock7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to establish the ,united ,states ,copyright ,office as an agency in the legislative branch1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,copyright ,office for the ,digital ,economy ,act4 #b4 ,establishment and organization of the ,united ,states ,copyright ,office 7a7 ,establishment and organization ,section #gja of title #ag1 ,united ,states ,code1 is amended to read as follows3 #gja4 ,united ,states ,copyright ,office2 organization1 powers1 and duties 7a7 ,establishment ,the ,united ,states ,copyright ,office is established as an agency in the legislative branch4 7b7 ,director and deputy director 7#a7 ,director 7,a7 ,appointment ,the powers and duties of the ,united ,states ,copyright ,office shall be vested in a ,director of the ,united ,states ,copyright ,office1 who shall be a citizen of the ,united ,states and shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 ,the ,president shall make the appointment after receiving the recommendations of the commission established under subparagraph 7,b74 7,b7 ,commission to recommend individuals 7i7 ,establishment ,there is established a commission to recommend individuals to the ,president for appointment to the office of ,director 7in this subsection referred to as the commission74 ,the commission shall recommend at least three individuals for appointment to such office4 ,the commission shall be composed of-- 7,i7 the ,speaker of the ,house of ,representatives2 7,,ii7 the ,president pro tempore of the ,senate2 7,,iii7 the majority and minority leaders of the ,house of ,representatives and the ,senate2 and 7,,iv7 the chairmen and the ranking minority members of the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate4 7ii7 ,timing of recommendations ,the commission shall make its recommendations to the ,president for ,director-- 7,i7 in the case of the first ,director appointed under this paragraph1 not later than #fj days after the date of the enactment of the ,copyright ,office for the ,digital ,economy ,act2 and 7,,ii7 in the case of any subsequent vacancy in the office of ,director1 not later than #fj days after the date on which the vacancy occurs4 7iii7 ,appointments without recommendations ,if the commission does not make its recommendations to the ,president within the applicable #fj-;day period provided in clause 7ii71 the ,president may appoint a ,director without receiving such recommendations4 7,c7 ,term of office ,the term of office of the ,director shall be #aj years4 ,an individual appointed ,director under subparagraph 7,a7 shall not be eligible for reappointment to such office4 ,an individual may serve as ,director after the expiration of the term for which the individual was appointed until a successor has been appointed4 7,d7 ,removal from office ,the ,president may remove the ,director solely for inefficiency1 neglect of duty1 or malfeasance in office4 7#b7 ,deputy director ,the ,director shall appoint a ,deputy ,director of the ,united ,states ,copyright ,office1 who shall be vested with the authority to act in the capacity of the ,director in the event of the absence or incapacity of the ,director4 ,before appointing a ,deputy ,director1 the ,director shall consult with the commission4 ,the ,deputy ,director shall be a citizen of the ,united ,states and shall be appointed without regard to political affiliation4 7#c7 ,qualifications ,the ,director and ,deputy ,director shall be persons who have a professional background and experience in copyright law4 7c7 ,other officers and employees ,the ,director shall appoint and fix the pay of such other officers1 employees 7including attorneys71 and agents of the ,office as the ,director considers necessary to carry out the functions of the ,office1 define the title1 authority1 and duties of such officers and employees1 and delegate to them such of the powers vested in the ,office as the ,director may determine4 ,the ,director shall appoint officers and employees under this subsection who have responsibility for administering technology and data systems of the ,office4 7d7 ,administrative functions and duties ,all administrative functions and duties under this title1 except as otherwise specified1 are the responsibility of the ,director4 7e7 ,specific powers and duties ,in addition to the powers and duties set forth in other provisions of this title1 the ,office-- 7#a7 shall advise ,congress on national and international issues relating to copyright1 other matters arising under this title1 and related matters2 7#b7 shall provide advice and assistance to the executive branch and the ,judiciary on national and international issues relating to copyright1 other matters arising under this title1 and related matters2 7#c7 shall participate in meetings of international intergovernmental organizations and meetings with foreign government officials1 and shall serve on ,united ,states delegations1 relating to copyright1 other matters arising under this title1 and related matters2 7#d7 shall conduct studies and programs regarding copyright1 other matters arising under this title1 and related matters1 the administration of the ,copyright ,office1 or any function vested in the ,copyright ,office by law1 including educational programs conducted cooperatively with foreign intellectual property offices and international intergovernmental organizations2 7#e7 shall review and maintain its records and provide services in a manner that reflects applicable technological needs and developments2 7#f7 shall promptly register any copyright claim for which a deposit1 application1 and fee have been delivered to the ,office1 within a period that does not adversely impact the timely enforcement of rights and remedies granted under this title2 7#g7 shall perform such other functions as ,congress may direct1 or as may be appropriate in furtherance of the functions and duties specifically set forth in this title2 and 7#h7 shall adopt a seal to be used to authenticate all certified documents issued by the ,copyright ,office4 7f7 ,role as congressional advisor ,no officer or agency of the ,united ,states shall have any authority to require the ,director or any other officer or employee of the ,copyright ,office to submit legislative recommendations1 or testimony or comments on legislation1 to any officer or agency of the ,united ,states for approval1 comments1 or review before the submission of such recommendations1 testimony1 or comments to ,congress4 7g7 ,additional operational authorities ,the ,office-- 7#a7 may acquire1 construct1 purchase1 lease1 hold1 manage1 operate1 improve1 alter1 and renovate any real1 personal1 or mixed property1 or any interest therein1 as it considers necessary to carry out its functions2 7#b7 may make such purchases1 contracts for the construction1 maintenance1 or management and operation of facilities1 and contracts for supplies or services1 including information technology1 as it considers necessary to carry out the functions of the ,office1 without regard to the provisions of subtitle ,i and chapter #cc of title #dj1 division ,c 7except sections #ccjb1 #ceja7;b71 #ceji1 #cijf1 #dgaj1 and #dgaa7 of subtitle ,i of title #da1 and the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacja et seq472 7#c7 may enter into and perform such purchases and contracts for printing services1 including the processes of composition1 platemaking1 presswork1 silk screen processes1 binding1 and microform1 and the products of such processes1 as it considers necessary to carry out the functions of the ,office1 without regard to sections #eja through #eag and #aaja through #aabc of title #dd2 7#d7 may use1 with their consent1 services1 equipment1 personnel1 and facilities of other departments1 agencies1 and instrumentalities of the ,federal ,government1 on a reimbursable basis2 and 7#e7 may retain and use1 to carry out the functions of the ,office1 all of its revenues and receipts1 including revenues from the sale1 lease1 or disposal of any real1 personal1 or mixed property1 or any interest therein1 of the ,office4 7h7 ,annual report ,the ,director shall1 not later than #ahj days after the end of each fiscal year1 make and publish an annual report of the work and accomplishments of the ,copyright ,office for that fiscal year4 4 7b7 ,director defined ,section #aja of title #ag1 ,united ,states ,code1 is amended-- 7#a7 by inserting after the definition of digital transmission the following3 ,the term ,director means the ,director of the ,united ,states ,copyright ,office4 2 and 7#b7 by inserting after the definition of copies the following3 ,the terms ,copyright ,office and ,office mean the ,united ,states ,copyright ,office4 4 #c4 ,modernizing copyright registration 7a7 ,registration in general ,section #djh of title #ag1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking the deposit specified by this section and inserting any examination copies required by regulations issued under this section2 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,examination copies for copyright registration 7#a7 ,the ,director shall issue regulations specifying the form1 quality1 and content of examination copies of works to be submitted under subsection 7a74 ,such regulations shall include provisions governing the retention and disposition of examination copies1 and may1 in the ,director's discretion1 include appropriate administrative classifications1 group registration practices1 and other provisions that both facilitate registration and establish a meaningful public record4 ,the administrative classification of works has no significance with respect to the subject matter of copyright or the exclusive rights provided by this title4 7#b7 ,pursuant to regulations issued by the ,director upon consultation with the ,librarian of ,congress1 the ,director shall provide the ,library of ,congress access to examination copies and related data solely for the ,library's determination of whether to demand a deposit under section #djg or to otherwise engage with copyright owners regarding works of authorship that may be of curatorial and collection interest to the national library4 ,the ,director shall consult with the ,librarian of ,congress1 as the ,director considers appropriate1 on other matters of common interest4 2 7#c7 by striking subsection 7c7 and redesignating subsections 7d71 7e71 and 7f7 as subsections 7c71 7d71 and 7e71 respectively2 and 7#d7 in subsection 7e77#c77;,b71 as redesignated1 by striking a deposit and inserting an examination copy4 7b7 ,retention and disposition of articles deposited in ,copyright ,office ,section #gjd of title #ag1 ,united ,states ,code1 is amended-- 7#a7 by amending subsection 7b7 to read as follows3 7b7 ,in the case of published works deposited pursuant to section #djg1 all copies1 phonorecords1 and identifying material deposited are available to the ,library of ,congress for its collections1 or for exchange or transfer to any other library according to regulations issued by the ,director that prescribe the period of retention and applicable conditions4 2 and 7#b7 by striking subsections 7c7 and 7d7 and redesignating subsection 7e7 as subsection 7c74 #d4 ,pay of director1 deputy director1 and associate directors 7a7 ,pay of director ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking ,register of ,copyrights and inserting ,director of the ,united ,states ,copyright ,office4 7b7 ,pay of deputy director ,section #ecae of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,deputy ,director of the ,united ,states ,copyright ,office4 4 #e4 ,copyright ,advisory ,board 7a7 ,establishment and functions ,chapter #g of title #ag1 ,united ,states ,code1 is amended by adding at the end the following new section3 #gaj4 ,copyright ,advisory ,board 7a7 ,establishment ,the ,director shall establish a ,copyright ,advisory ,board to advise and consult with the ,copyright ,office in the exercise of its functions under the copyright laws1 and to provide information on emerging practices regarding copyright1 including technology practices4 7b7 ,membership ,the ,director shall appoint the ,copyright ,advisory ,board4 ,in doing so1 the ,director shall seek to assemble experts in copyright law and practice1 including authors1 licensees1 licensing organizations1 public interest organizations1 nonprofit organizations1 and technology providers4 7c7 ,meetings ,the ,copyright ,advisory ,board shall meet from time to time at the call of the ,director1 but1 at a minimum1 shall meet at least twice in each year4 7d7 ,compensation and travel expenses ,members of the ,copyright ,advisory ,board shall not receive compensation by reason of their service on the ,advisory ,board1 but shall be allowed travel expenses1 including per diem in lieu of subsistence1 under subchapter ,i of chapter #eg of title #e4 7e7 ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,copyright ,advisory ,board4 4 7b7 ,conforming amendment ,the table of sections for chapter #g of title #ag1 ,united ,states ,code1 is amended by adding at the end the following3 #gji4 ,copyright ,advisory ,board4 4 #f4 ,transfer of administrative functions 7a7 ,interim administrative support by the library of congress 7#a7 ,in general 7,a7 ,support by librarian of congress ,until such time as the first ,director of the ,united ,states ,copyright ,office is appointed under section #gja of title #ag1 ,united ,states ,code1 as amended by section #b7;a7 of this ,act1 the ,librarian of ,congress shall continue to perform1 on and after the effective date of this ,act1 any administrative functions the ,librarian performs1 on the day before such effective date1 for or to the benefit of the ,copyright ,office 7including the ,copyright ,royalty ,judges74 7,b7 ,transfer of administrative functions ,on the date on which the first ,director of the ,united ,states ,copyright ,office is appointed under section #gja of title #ag1 ,united ,states ,code1 the administrative functions described in subparagraph 7,a7 shall be transferred to the ,director4 7#b7 ,cooperation of ,library ,the ,librarian of ,congress shall ensure the full cooperation of the ,library of ,congress with the ,director and facilitate access to any records or other information the ,director requests for purposes of carrying out the transfer of administrative functions to the ,director4 7b7 ,leasing of space by ,,gsa for the united states copyright office 7#a7 ,in general ,subject to the availability of funds1 the ,administrator of the ,general ,services ,administration may acquire real property by lease for the use of the ,united ,states ,copyright ,office in the ,district of ,columbia4 7#b7 ,limitation ,no obligation entered into pursuant to the authority of this subsection shall be in advance of1 or in excess of1 available appropriations4 7c7 ,status report ,not later than #ah months after the date of the appointment of the first ,director under section #gja of title #ag1 ,united ,states ,code1 the ,director shall submit to ,congress the following3 7#a7 ,a status report regarding the transfer of administrative functions under this section and modernization objectives of the ,copyright ,office1 including improvements to staffing1 fee schedules1 technology1 and services4 7#b7 ,recommendations for additional amendments to title #ag1 ,united ,states ,code1 that are necessary by reason of the enactment of this ,act or to assist the ,copyright ,office in its modernization efforts4 7#c7 ,such other recommendations that the ,director considers appropriate4 7d7 ,definition ,for purposes of this section1 the term administrative functions includes1 but is not limited to1 any operational support1 information technology1 physical space1 and any other support services that the ,library of ,congress was providing to the ,copyright ,office as of the day before the effective date of this ,act4 #g4 ,study of mandatory deposit 7a7 ,in general ,the ,director of the ,united ,states ,copyright ,office shall conduct a study on the future administration of mandatory deposit provisions in section #djg of title #ag1 ,united ,states ,code4 ,such study shall cover the following3 7#a7 ,the history of the mandatory deposit provisions and their application to the digital era4 7#b7 ,the ,library's preferences regarding format or quality when seeking deposits that are appropriate to preservation efforts4 7#c7 ,the concerns of copyright owners relating to the ,library's retention of works1 copying of works for preservation purposes1 and copying or sharing required to make such works1 including digital works1 available to ,library patrons or the public at large4 7#d7 ,observations regarding the legal and administrative conditions under which the ,copyright ,office may transfer to the ,library the responsibility for administering such section #djg4 7#e7 ,relevant experience from foreign countries that have adopted similar or analogous regimes for the benefit of their national libraries1 archives1 or other institutions4 7#f7 ,such recommendations1 including recommendations for statutory changes1 that the ,director considers appropriate4 7b7 ,submission of report to ,congress ,the ,director of the ,united ,states ,copyright ,office shall1 not later than #a year after the date of the enactment of this ,act1 submit to ,congress a report on the results of the study conducted under subsection 7a74 ,the ,director shall also publish the report on the website of the ,copyright ,office4 7c7 ,public comment period ,in conducting the study under subsection 7a71 the ,director of the ,united ,states ,copyright ,office shall provide an opportunity for the submission of public comments on the subject matter of the study1 and shall publish with the study the responses of the ,director to those comments4 #h4 ,technology studies ,the ,director of the ,united ,states ,copyright ,office shall periodically conduct studies of the information technology and operations of the ,united ,states ,copyright ,office in order to ensure that the ,office has the technology and staff necessary to establish and maintain a modern copyright system4 ,such studies shall-- 7#a7 evaluate the effectiveness of current technologies and staff in meeting the needs of the copyright community1 including internal and external users2 and 7#b7 analyze potential improvements in technologies and staff to meet those needs4 #i4 ,technical and conforming amendments 7a7 ,amendments to title #ag1 united states code 7#a7 ,section #aaa7;d7 of title #ag1 ,united ,states ,code1 is amended by striking ,librarian of ,congress each place it appears and inserting ,director4 7#b7 ,section #aai7;b7 of title #ag1 ,united ,states ,code1 is amended by striking ,librarian of ,congress each place it appears and inserting ,director4 7#c7 ,section #daj7;d7 of title #ag1 ,united ,states ,code1 is amended by striking deposit and inserting examination copy4 7#d7 ,section #daa7;a7 of title #ag1 ,united ,states ,code1 is amended by striking deposit and inserting examination copy4 7#e7 ,section #gjb of title #ag1 ,united ,states ,code1 is amended by striking ,all regulations established by the ,register under this title are subject to the approval of the ,librarian of ,congress44 7#f7 ,section #gjd7;d7 of title #ag1 ,united ,states ,code1 is amended by striking deposit and inserting examination copy4 7#g7 ,section #gje of title #ag1 ,united ,states ,code1 is amended by striking deposits each place it appears and inserting examination copies4 7#h7 ,section #gji of title #ag1 ,united ,states ,code1 is amended by striking deposit and inserting examination copy4 7#i7 ,section #hja of title #ag1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 in the first sentence1 by striking ,librarian of ,congress and inserting ,director2 and 7ii7 by striking the second sentence2 7,b7 in subsection 7b77#h71 by striking ,register of ,copyrights within the ,library of ,congress and inserting ,director2 7,c7 in subsection 7d71 by striking ,librarian of ,congress and inserting ,director2 and 7,d7 by striking subsection 7e7 and redesignating subsection 7f7 as subsection 7e74 7#aj7 ,section #hjb of title #ag1 ,united ,states ,code1 is amended-- 7,a7 by striking ,librarian of ,congress and ,librarian each place it appears and inserting ,director2 and 7,b7 in subsection 7i71 by striking ,librarian of ,congress and ,librarian each place it appears and inserting ,director4 7#aa7 ,section #hjc of title #ag1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a71 by striking ,librarian of ,congress the first place it appears and inserting ,director2 7,b7 in subsection 7b77#f77;,a71 by striking ,librarian of ,congress and inserting ,director2 7,c7 in subsection 7c77#f71 by striking ,librarian of ,congress or ,librarian in each place it appears and inserting ,director2 and 7,d7 in subsection 7e77#a71 by striking ,librarian of ,congress each place it appears and inserting ,director4 7#ab7 ,section #abja7;a77#a7 of title #ag1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,c7-- 7i7 in the first sentence1 by striking the ,librarian of ,congress1 upon the recommendation of the ,register of ,copyrights1 who shall consult with the ,assistant ,secretary for ,communications and ,information of the ,department of ,commerce and report and comment on his or her views in making such recommendation and inserting the ,director1 after consulting with the ,assistant ,secretary for ,communications and ,information of the ,department of ,commerce2 and 7ii7 in the second sentence1 by striking ,librarian each place it appears and inserting ,director2 and 7,b7 in subparagraph 7,d71 by striking ,librarian each place it appears and inserting ,director4 7#ac7 ,title #ag1 ,united ,states ,code1 is amended by striking ,register of ,copyrights or ,register 7except when used in the term ,federal ,register7 each place it appears and inserting ,director4 7#ad7 ,the item relating to chapter #g in the table of chapters for title #ag1 ,united ,states ,code1 is amended to read as follows3 #g4 ,united ,states ,copyright ,office#gja 4 7#ae7 ,the heading for chapter #g of title #ag1 ,united ,states ,code1 is amended to read as follows3 #g ,united ,states ,copyright ,office 4 7#af7 ,the item relating to section #gja in the table of contents for chapter #g of title #ag1 ,united ,states ,code1 is amended to read as follows3 #gja4 ,united ,states ,copyright ,office2 organization1 powers1 and duties4 4 7b7 ,other provisions of law 7#a7 ,section #cja7;b77#c77;,a77ii7 of the ,prioritizing ,resources and ,organization for ,intellectual ,property ,act of #bjjh 7#ae ,u4,s4,c4 #haaa7;b77#c77;,a77ii77 is amended-- 7,a7 by striking ,register of ,copyrights the first place it appears and inserting ,director of the ,united ,states ,copyright ,office2 and 7,b7 by striking ,register of ,copyrights the second place it appears and inserting ,director4 7#b7 ,section #b of title #ce1 ,united ,states ,code1 is amended by striking ,register of ,copyrights each place it appears and inserting ,director of the ,united ,states ,copyright ,office4 #aj4 ,effective date2 transitional provisions 7a7 ,effective date ,this ,act and the amendments made by this ,act shall take effect upon the expiration of the #ij-;day period beginning on the date of the enactment of this ,act1 except that the provisions of section #gja of title #ag1 ,united ,states ,code1 as amended by section #b7;a7 of this ,act1 shall take effect on the date of the enactment of this ,act4 7b7 ,continuation in office of certain officers 7#a7 ,register of copyrights ,an individual serving as the ,register of ,copyrights on the day before the date of the enactment of this ,act may serve1 on and after that date1 as the interim ,director of the ,united ,states ,copyright ,office until a ,director of the ,united ,states ,copyright ,office has been appointed under section #gja of title #ag1 ,united ,states ,code1 as amended by section #b7;a7 of this ,act4 7#b7 ,copyright royalty judges ,an individual serving as a ,copyright ,royalty ,judge on the day before the effective date of this ,act may continue to serve in that role until the date on which a ,copyright ,royalty ,judge to replace such individual is appointed under section #hja of title #ag1 ,united ,states ,code4 7c7 ,carryover of personnel ,effective on the effective date under subsection 7a71 all employees of the ,library of ,congress serving in the ,copyright ,office on the day before such effective date shall become employees of the ,united ,states ,copyright ,office1 without a break in service4 7d7 ,transfer of assets ,except as otherwise provided in this ,act1 so much of the personnel1 property1 records1 and unexpended balances of appropriations1 allocations1 and other funds employed1 used1 held1 available1 or to be made available in connection with a function that this ,act vests in the ,united ,states ,copyright ,office shall be available and transferred to the ,director4 #aa4 ,miscellaneous provisions 7a7 ,references ,any reference to the ,register of ,copyrights in any other ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of or pertaining to the ,copyright ,office1 shall be deemed to refer to the ,director of the ,united ,states ,copyright ,office4 7b7 ,legal documents ,all orders1 determinations1 rules1 regulations1 permits1 grants1 loans1 contracts1 agreements1 certificates1 licenses1 and privileges related to a function that is vested in the ,copyright ,office and that are in effect on the effective date of this ,act 7or become effective after such date pursuant to their terms as in effect on such effective date71 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law4 7c7 ,proceedings ,this ,act shall not affect any proceedings or any applications for any benefits1 service1 license1 permit1 or certificate pending on the effective date of this ,act before the ,copyright ,office or the ,copyright ,royalty ,judges1 but such proceedings and requests shall be continued4 ,orders and determinations shall be issued in such proceedings1 appeals shall be taken therefrom1 and actions shall be taken pursuant to such orders and determinations1 as if this ,act had not been enacted1 and orders and determinations issued in any such proceeding shall continue in effect until modified1 terminated1 superseded1 or revoked by a duly authorized official1 by a court of competent jurisdiction1 or by operation of law4 ,nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subtitle had not been enacted4 7d7 ,suits ,this ,act shall not affect suits commenced before the effective date of this ,act1 and in all such suits1 proceedings shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this ,act had not been enacted4