81 FR 10672 - Information Technology Upgrades for a Twenty-First Century Copyright Office

LIBRARY OF CONGRESS
U.S. Copyright Office

Federal Register Volume 81, Issue 40 (March 1, 2016)

Page Range		10672-10674
FR Document		2016-04423
The U.S. Copyright Office has prepared a Provisional Information Technology Modernization Plan (``IT Plan'') at the direction of Congress that details necessary IT upgrades to transform the Office to better meet the needs of the current and future copyright system. As further directed by Congress, the Register is seeking public comments to help inform the Office on the funding strategy and implementation timeline for the IT Plan.
Federal Register, Volume 81 Issue 40 (Tuesday, March 1, 2016)
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10672-10674]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04423]


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LIBRARY OF CONGRESS

U.S. Copyright Office

[Docket No. 2016-2]


Information Technology Upgrades for a Twenty-First Century 
Copyright Office

AGENCY: U.S. Copyright Office, Library of Congress.

ACTION: Notice of inquiry.

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SUMMARY: The U.S. Copyright Office has prepared a Provisional 
Information Technology Modernization Plan (``IT Plan'') at the 
direction of Congress that details necessary IT upgrades to transform 
the Office to better meet the needs of the current and future copyright 
system. As further directed by Congress, the Register is seeking public 
comments to help inform the Office on the funding strategy and 
implementation timeline for the IT Plan.

DATES: Written comments must be received no later than March 31, 2016 
at 11:59 p.m. Eastern Time.

ADDRESSES: The Copyright Office is using the regulations.gov system for 
the submission and posting of public comments in this proceeding. All 
comments are therefore to be submitted electronically through 
regulations.gov. Specific instructions for submitting comments are 
available on the Copyright Office Web site at http://copyright.gov/policy/itupgrade/index.html. If electronic submission of comments is 
not feasible, please contact the Office using the contact information 
below for special instructions.

FOR FURTHER INFORMATION CONTACT: Catherine Rowland, Senior Advisor to 
the Register of Copyrights, or Regan A. Smith, Associate General 
Counsel, by email at [email protected], or by telephone at (202) 707-
8350.

SUPPLEMENTARY INFORMATION: 

I. Background

    Technology is the cornerstone of a modern copyright system, and the 
need to modernize the Office's technological infrastructure has been 
well documented. The Office has engaged in four years of deliberative 
assessment and public review to establish the framework for a 
modernized IT system to more efficiently serve the needs of authors, 
users of copyrighted works, and the general public.\1\ Congress also 
has taken note; for example, during the copyright review process, the 
House Judiciary Committee expressed concern that the Office's 
technology needed to be upgraded to respond to the needs of copyright 
owners and users,\2\ and the

[[Page 10673]]

House Committee on Administration recently conducted a hearing entitled 
``Improving Customer Service for the Copyright Community.'' \3\ The 
copyright community also has weighed in, stressing the importance of 
technology to the national copyright system and noting that the Office 
currently does not have what it needs to run the copyright system 
sufficiently.\4\ The Office's December 1, 2015 Strategic Plan for 
Fiscal Years 2016-2020 (``Strategic Plan,'' available at http://copyright.gov/reports/strategic-plan/USCO-strategic.pdf) \5\ provides a 
vision of overall Office modernization, including the necessary 
integration of legal, business, and technical components.
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    \1\ See, e.g., Register of Copyrights, Priorities and Special 
Projects of the United States Copyright Office 13 (2011); Technical 
Upgrades to Registration and Recordation Functions in Docket No. 
2013-2, 78 FR 17722 (Mar. 22, 2013); Oversight of the U.S. Copyright 
Office: Hearing Before the H. Subcomm. on Judiciary, 114th Cong. 3 
(statement of Maria A. Pallante, Register of Copyrights and Director 
of the United States Copyright Office) (describing suggestions 
regarding IT modernization received from the public in connection 
with its technical upgrades study); Robert Brauneis, Abraham L. 
Kaminstein Scholar in Residence, U.S. Copyright Office, Transforming 
Document Recordation at the United States Copyright Office, (2015), 
available at http://www.copyright.gov/docs/recordation/; Office of 
the Chief Information Officer, Report and Recommendations of the 
Technical Upgrades Special Project Team (2015) (``Technical Upgrades 
Report'').
    \2\ See, e.g., U.S. Copyright Office: Its Functions and 
Resources, Hearing Before the H. Comm. on the Judiciary, 114th Cong. 
at 2 (2015) (statement of Chairman Goodlatte) (``Burdened by a lack 
of funds and dependent upon the vastly different technology needs of 
the Library of Congress, the Copyright Office has been unable to 
respond to the needs of the copyright community, harming copyright 
owners and users alike.''); id. at 3 (statement of Ranking Member 
Conyers) (``[T]he Office's recordation system continues to be a 
cumbersome and costly process that requires manual examination and 
data entry. In addition, the functionality of the Office's databases 
and the usability of the Office's Web site must be improved. 
Further, the security of deposited digital works must be 
strengthened, and the copyright community needs a system which 
provides a more usable and searchable public record of copyrighted 
material . . . . The Copyright Office is aware of the need to 
modernize so that it can adapt to ever-evolving technology and the 
needs of the copyright community.'').
    \3\ Improving Customer Service for the Copyright Community: 
Ensuring the Copyright Office and the Library of Congress Are Able 
to Meet the Demands of the Digital Age: Hearing Before the H. Comm. 
on Administration, 114th Cong. (2015).
    \4\ See, e.g., U.S. Copyright Office: Its Functions and 
Resources at 24 (statement of Lisa A. Dunner, Partner, Dunner Law 
PLLC, on behalf of the Section of Intell. Prop. L. of the Am. Bar 
Ass'n) (``The Copyright Office needs a sophisticated, efficient IT 
system responsive to its needs and those of its users.''); id. at 43 
(statement of Nancy J. Mertzel, Schoeman Updike Kaufman & Stern LLP, 
on behalf of the Am. Intell. Prop. L. Ass'n) (``As the [Copyright 
Office's] technical upgrades report explains, `[t]he Office's 
technology infrastructure impacts all of the Office's key services 
and is the single greatest factor in its ability to administer 
copyright registration, recordation services, and statutory licenses 
effectively.' Yet, the Copyright Office does not control its 
technology. Rather, it is controlled by the Library of Congress, and 
housed on the Library's servers. In fact, even equipment purchased 
by the Copyright Office with its appropriated funds, is controlled 
by the Library. Additionally, the Office is dependent upon the 
Library's IT staff. However, the Library IT staff has other 
responsibilities, and is not well-versed in the needs of the 
copyright community. AIPLA urges this Committee to explore ways to 
give the Copyright Office greater autonomy over its IT 
infrastructure and services.'' (citations omitted)).
    \5\ Register of Copyrights, Positioning the United States 
Copyright Office for the Future, 18 (December 1, 2015).
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    Accordingly, in its report accompanying the Consolidated 
Appropriations Act of 2015, the House Committee on Appropriations 
noted:

    The Committee fully understands the importance of the Copyright 
Office as it relates to creativity and commercial artistic activity 
not only within the United States but also on a world-wide basis. In 
order to serve the copyright owners and the copyright community in 
the 21st century, a robust modern information technology (IT) 
operation will be necessary. The $1.5 million provided in fiscal 
year 2015 began the effort to determine the requirements for a 
modern IT environment. With the planning underway, the Committee 
directs the Register of Copyrights to report, to the Committee on 
Appropriation and relevant Authorizing Committees of the House on a 
detailed plan on necessary IT upgrades, with a cost estimate, that 
are required for a 21st century copyright organization.\6\

    Additionally, the House Committee on Appropriations directed the 
Office to seek public comment regarding a funding strategy and an 
implementation timeline for the IT Plan.\7\ After significant review 
and analysis, the Office has delivered a provisional IT Plan (available 
at www.copyright.gov/reports/itplan), and now seeks public input 
concerning these issues. While this Federal Register Notice is not a 
substitute for the details set forth in the IT Plan, a brief summary of 
the plan is provided below. The IT Plan is flexible in that it may be 
implemented according to a variety of governance protocols, approvals, 
and controls between the Copyright Office and larger Library of 
Congress; it does, however, depart from the status quo in which the 
Copyright Office manages software applications and the Library of 
Congress manages underlying IT systems.
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    \7\ H. Rep. 114-110, 114th Cong. (2015).
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A. Modernizing the Copyright Office's Information Technology

    The IT Plan is a companion to the Strategic Plan, which envisions 
modernization of the Office as a comprehensive undertaking that 
addresses: The national copyright system's IT, data, and infrastructure 
needs; business, regulatory and legal issues under the Office's care; 
and related potential changes to the copyright laws of the United 
States.\8\ The major changes necessary to effectively examine, 
register, protect, document, and license copyright interests and make 
useful information available in the digital age cannot be accomplished 
in the current technology state.
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    \8\ Register of Copyrights, Positioning the United States 
Copyright Office for the Future, 18 (December 1, 2015).
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    The IT Plan heeds the Strategic Plan's underlying call for the 
Copyright Office of the twenty-first century to be lean, nimble, 
results-driven, and future-focused, and translates those themes into a 
comprehensive and exhaustive technology modernization plan. The IT Plan 
would establish an IT system that meets the current and future needs of 
a modern copyright agency by minimizing costly infrastructure needs, 
embracing cloud services, and utilizing mobile technologies. It 
prioritizes data integrity and security controls, and decreases risk by 
spreading projects among multiple partners or vendors. Under the plan, 
the Office would phase out legacy systems and assume a clean-slate, 
carefully targeted strategy in moving forward. The IT Plan assumes that 
modernization must be managed from within the Copyright Office, relying 
upon individuals who work alongside of, and are fully accountable to, 
the Office's legal and operational experts.
    Together, the Strategic Plan and the IT Plan provide for a 
modernization approach that will transform copyright administration in 
the United States. Customers will be able to transact with the Office 
easily, quickly, and from anywhere at any time, using any number of 
consumer platforms to secure copyrights and access data, including 
licensing or public domain information. Systems will be designed to 
yield quick, authoritative results, encouraging participation, 
partnerships, and commerce. Such a modern Office will offer a rich 
public record that is easily accessible by all, providing enormous 
benefit to copyright authors and owners, consumers, services, users, 
and anyone else with an interest in the national copyright system.
    The implementation of a modern IT system will require careful 
planning and coordination during the transition period, as required 
under applicable federal practices. The IT Plan makes a core assumption 
that modernization requires, and will receive, singular attention and 
focus. Assuming this dedicated, full-time commitment to modernization, 
the IT Plan proposes a five-year implementation timeline that projects 
that users will experience meaningful differences in services within 
three years. The five-year timeline is divided into four sequential 
phases, during which new initiatives will be implemented while the 
Office maintains continuity of services. These phases may overlap as 
appropriate for mission-critical services; for example, a modernized 
recordation system could be completed in advance of an integrated 
system of records program. Generally speaking, the four phases include:
     Phase 0: The initial phase is dedicated to establishing 
the IT operating model, processes, and planning necessary for success 
in the future phases. This includes

[[Page 10674]]

establishing a project management office and adopting a transition plan 
to facilitate migration to a cloud-based system, while retaining 
necessary support from current vendors. Core IT governance and 
procedures will be adopted during this phase, and market analysis of 
potential vendors completed.
     Phase 1: The Office would assume interim control of 
existing IT systems and coordinate support for legacy systems. Phase 1 
also would: Build core infrastructure and stand up the key back-office 
and desktop capabilities necessary to run IT operations; migrate the 
national recordation system to its target electronic platform; and 
continue design on solutions for additional core applications and 
services.
     Phase 2: This phase includes full deployment of the 
remaining core mission Office applications. The existing registration 
system will be replaced in a way that improves user experience and 
includes a highly secure, certified digital repository, with 
appropriately serious attention to protecting electronically 
transmitted deposits. Existing copyright data would be migrated to a 
cloud-based system of records, linking registration with recordation 
data. Effective data management would facilitate efficient updating of 
records, promoting data accuracy. The Office would have the capability 
of directly interacting with outside organizations to share relevant 
data through APIs, thus facilitating business investment and 
entrepreneurship. By the end of Phase 2, the Office would have full 
control over its IT management, and some legacy support agreements 
could be phased out.
     Phase 3: In Phase 3, the Office would be fully 
transitioned to its new environment. Focus will turn toward enhancing 
core Office services with continuous improvement. The CIO will identify 
future desired technology investments to increase service capabilities.
    At the conclusion of the four phases, the Office IT will operate 
within a steady state environment. Operations and maintenance will 
continue, with performance of existing services assessed relative to 
identified benchmarks. At the same time, the Office would continue to 
engage with stakeholders to identify potential new capabilities and 
services.
    Within this phased framework, there are a variety of ways to 
proceed with development. The Office is interested in maximizing 
flexible opportunities for outside entities to efficiently aid the 
effort. The Office would expect to leverage the experience of expert 
contractors for short-term projects, consider traditional contracting, 
consider no-cost contracting, and review other alternatives as well.

B. Funding a Modern Information Technology System

    Creating a more flexible and robust IT system will require the 
Office to fund both capital and operating expenses, not only during the 
five-year IT Plan, but on an ongoing basis.
    Currently, the Office has two main funding sources: (1) Fees paid 
by individual authors, corporate entities, and other customers; and (2) 
annual appropriated dollars reflecting the value of the Office's 
mission to entrepreneurs, the public, and the economy. Historically, 
fees have made up the lion's share of the Office's basic budget, 
ranging from 59% to 67% in the past five years. Congress decides, in 
the course of the federal budget authorization, how much income the 
Office may use to cover its costs. Thus, the Office may spend incoming 
fees, but only up to the amount authorized by Congress. Tax dollars 
comprise a smaller, but critical, part of the Office's budget and 
reflect the value of the Office's services to the general public--for 
example, by providing the public with a searchable database of 
copyright registration and ownership information. The Office also has a 
small reserve account, which includes any fees that exceeded the 
Office's annual spending limit, de-obligated prior year funds, and 
other fees authorized for expenditure but not spent. The reserve fund, 
however, is not a revolving fund account and is subject to 
congressional review every year. The Office is considering changes to 
the structure overall, including the option to migrate costs previously 
categorized as capital expenses to operating expenses in order to fund 
infrastructure improvements, as reflected in the IT Plan.
    Since 1997, the Office has conducted studies every several years to 
assess and set appropriate fees for its services. The analysis is 
governed by section 708 of the Copyright Act, which specifies various 
services for which the Office may charge fees and provides that the 
Register may adjust these fees to ``not more than necessary to cover 
the reasonable costs incurred by the Copyright Office for . . . [such 
services], plus a reasonable inflation adjustment to account for any 
estimated increase in costs.'' \9\ Additionally, fees for core services 
must be ``fair and equitable and give due consideration to the 
objectives of the copyright system.'' These objectives include the 
value of copyright registration and recordation, and registration must 
remain relatively affordable to encourage applications, which are 
voluntary. The Office most recently adjusted its fees in 2014, when it 
issued a revised fee schedule that increased some fees, reduced others, 
and introduced a reduced fee for individual authors of single works.
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    \9\ 17 U.S.C. 708(b)(2).
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    The Office fee-setting is an iterative regulatory process. In 
assessing its fees, the Office need not assume ``one size fits all''; 
indeed, the more flexible the IT of the Office, the more likely the 
Office can institute practices and regulations that meet the targeted 
needs of applicants, e.g., software developers or photographers or 
digital filmmakers.

II. Subjects of Inquiry

    To assess both how to implement and fund a modern copyright IT 
system, the Office is interested in public comment on the following 
subjects:
    1. Please comment on the proposed five-year timeline for IT 
modernization based on the phases set forth in detail in the IT Plan, 
which incorporate best practices of the federal government.
    2. Should the modernization be funded from fees, appropriated 
dollars, or a combination of both, and, if both, is there an ideal 
formula or ratio?
    3. What authorities or flexibilities, if any, should be included in 
17 U.S.C. 708 regarding whether and how the Office may recover its 
reasonable costs of operation (including in the aggregate as opposed to 
based upon individual services), differentiate between customers or 
users, and/or fund future investments, not only as to the five-year 
plan but on an ongoing basis?
    4. Should the Copyright Office fund capital and operating expenses 
differently? If so, how?
    5. Please identify anything else that the Copyright Office should 
consider in relation to the funding strategy, benefits, or 
implementation of IT modernization.

    Dated: February 25, 2016.
Maria A. Pallante,
Register of Copyrights, U.S. Copyright Office.
[FR Doc. 2016-04423 Filed 2-29-16; 8:45 am]
 BILLING CODE 1410-30-P
10672 Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices

Authority: 44 U.S.C. 3507(a)(1)(D). appropriate consideration, comments copyright system. As further directed by
SUPPLEMENTARY INFORMATION: This ICR should mention OMB Control Number Congress, the Register is seeking public
seeks to extend PRA authority for the 1218–0170. The OMB is particularly comments to help inform the Office on
1,3-Butadiene Standard information interested in comments that: the funding strategy and
collection requirements codified in • Evaluate whether the proposed implementation timeline for the IT Plan.
regulations 29 CFR 1910.1051. The collection of information is necessary DATES: Written comments must be
purpose of this standard and its for the proper performance of the received no later than March 31, 2016
information collection requirements is functions of the agency, including at 11:59 p.m. Eastern Time.
to provide protection for workers from whether the information will have ADDRESSES: The Copyright Office is
the adverse health effects associated practical utility; using the regulations.gov system for the
with occupational exposure to 1,3- • Evaluate the accuracy of the submission and posting of public
butadiene. The information collections agency’s estimate of the burden of the comments in this proceeding. All
involve maintaining specified proposed collection of information, comments are therefore to be submitted
monitoring results, training, and including the validity of the electronically through regulations.gov.
medical surveillance records; providing methodology and assumptions used; Specific instructions for submitting
notifications to workers; providing • Enhance the quality, utility, and comments are available on the
notifications to other employers at clarity of the information to be Copyright Office Web site at http://
multi-employer worksites; establishing collected; and copyright.gov/policy/itupgrade/
written compliance exposure goal, • Minimize the burden of the index.html. If electronic submission of
respirator, and emergency plans; collection of information on those who comments is not feasible, please contact
respirator filter element labeling; and are to respond, including through the the Office using the contact information
reporting information to Government use of appropriate automated, below for special instructions.
officials under certain circumstances. electronic, mechanical, or other
Occupational Safety and Health Act FOR FURTHER INFORMATION CONTACT:
technological collection techniques or
sections 2(b)(9), 6, and 8(c) authorize other forms of information technology, Catherine Rowland, Senior Advisor to
this information collection. See 29 e.g., permitting electronic submission of the Register of Copyrights, or Regan A.
U.S.C. 651(b)(9), 655, and 657. responses. Smith, Associate General Counsel, by
This information collection is subject Agency: DOL–OSHA. email at itcomments@loc.gov, or by
to the PRA. A Federal agency generally Title of Collection: 1,3-Butadiene telephone at (202) 707–8350.
cannot conduct or sponsor a collection Standard. SUPPLEMENTARY INFORMATION:
of information, and the public is OMB Control Number: 1218–0170.
generally not required to respond to an I. Background
Affected Public: Private Sector—
information collection, unless it is businesses or other for-profits. Technology is the cornerstone of a
approved by the OMB under the PRA Total Estimated Number of modern copyright system, and the need
and displays a currently valid OMB Respondents: 50. to modernize the Office’s technological
Control Number. In addition, Total Estimated Number of infrastructure has been well
notwithstanding any other provisions of Responses: 3,649. documented. The Office has engaged in
law, no person shall generally be subject Total Estimated Annual Time Burden: four years of deliberative assessment
to penalty for failing to comply with a 915 hours. and public review to establish the
collection of information that does not Total Estimated Annual Other Costs framework for a modernized IT system
display a valid Control Number. See 5 Burden: $112,808. to more efficiently serve the needs of
CFR 1320.5(a) and 1320.6. The DOL authors, users of copyrighted works, and
obtains OMB approval for this Dated: February 24, 2016.
the general public.1 Congress also has
information collection under Control Michel Smyth, taken note; for example, during the
Number 1218–0170. Departmental Clearance Officer. copyright review process, the House
OMB authorization for an ICR cannot [FR Doc. 2016–04479 Filed 2–29–16; 8:45 am] Judiciary Committee expressed concern
be for more than three (3) years without BILLING CODE 4510–26–P that the Office’s technology needed to
renewal, and the current approval for be upgraded to respond to the needs of
this collection is scheduled to expire on copyright owners and users,2 and the
February 29, 2016. The DOL seeks to LIBRARY OF CONGRESS
extend PRA authorization for this 1 See, e.g., Register of Copyrights, Priorities and

information collection for three (3) more U.S. Copyright Office Special Projects of the United States Copyright
years, without any change to existing Office 13 (2011); Technical Upgrades to Registration
[Docket No. 2016–2] and Recordation Functions in Docket No. 2013–2,
requirements. The DOL notes that 78 FR 17722 (Mar. 22, 2013); Oversight of the U.S.
existing information collection Information Technology Upgrades for Copyright Office: Hearing Before the H. Subcomm.
requirements submitted to the OMB a Twenty-First Century Copyright on Judiciary, 114th Cong. 3 (statement of Maria A.
receive a month-to-month extension Pallante, Register of Copyrights and Director of the
Office United States Copyright Office) (describing
while they undergo review. For suggestions regarding IT modernization received
additional substantive information AGENCY: U.S. Copyright Office, Library from the public in connection with its technical
about this ICR, see the related notice of Congress. upgrades study); Robert Brauneis, Abraham L.
Kaminstein Scholar in Residence, U.S. Copyright
asabaliauskas on DSK5VPTVN1PROD with NOTICES

published in the Federal Register on ACTION: Notice of inquiry.
Office, Transforming Document Recordation at the
October 26, 2015 (80 FR 65246). United States Copyright Office, (2015), available at
Interested parties are encouraged to SUMMARY: The U.S. Copyright Office has http://www.copyright.gov/docs/recordation/; Office
send comments to the OMB, Office of prepared a Provisional Information of the Chief Information Officer, Report and
Information and Regulatory Affairs at Technology Modernization Plan (‘‘IT Recommendations of the Technical Upgrades
the address shown in the ADDRESSES Plan’’) at the direction of Congress that Special Project Team (2015) (‘‘Technical Upgrades
Report’’).
section within thirty (30) days of details necessary IT upgrades to 2 See, e.g., U.S. Copyright Office: Its Functions
publication of this notice in the Federal transform the Office to better meet the and Resources, Hearing Before the H. Comm. on the
Register. In order to help ensure needs of the current and future Judiciary, 114th Cong. at 2 (2015) (statement of

VerDate Sep<11>2014 20:18 Feb 29, 2016 Jkt 238001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1
Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices 10673

House Committee on Administration relates to creativity and commercial artistic technology modernization plan. The IT
recently conducted a hearing entitled activity not only within the United States but Plan would establish an IT system that
‘‘Improving Customer Service for the also on a world-wide basis. In order to serve meets the current and future needs of a
the copyright owners and the copyright
Copyright Community.’’ 3 The copyright modern copyright agency by minimizing
community in the 21st century, a robust
community also has weighed in, modern information technology (IT) costly infrastructure needs, embracing
stressing the importance of technology operation will be necessary. The $1.5 million cloud services, and utilizing mobile
to the national copyright system and provided in fiscal year 2015 began the effort technologies. It prioritizes data integrity
noting that the Office currently does not to determine the requirements for a modern and security controls, and decreases risk
have what it needs to run the copyright IT environment. With the planning by spreading projects among multiple
system sufficiently.4 The Office’s underway, the Committee directs the Register partners or vendors. Under the plan, the
December 1, 2015 Strategic Plan for of Copyrights to report, to the Committee on Office would phase out legacy systems
Appropriation and relevant Authorizing
Fiscal Years 2016–2020 (‘‘Strategic and assume a clean-slate, carefully
Committees of the House on a detailed plan
Plan,’’ available at http://copyright.gov/ on necessary IT upgrades, with a cost targeted strategy in moving forward. The
reports/strategic-plan/USCO- estimate, that are required for a 21st century IT Plan assumes that modernization
strategic.pdf) 5 provides a vision of copyright organization.6 must be managed from within the
overall Office modernization, including Additionally, the House Committee Copyright Office, relying upon
the necessary integration of legal, on Appropriations directed the Office to individuals who work alongside of, and
business, and technical components. seek public comment regarding a are fully accountable to, the Office’s
Accordingly, in its report funding strategy and an implementation legal and operational experts.
accompanying the Consolidated timeline for the IT Plan.7 After Together, the Strategic Plan and the IT
Appropriations Act of 2015, the House significant review and analysis, the Plan provide for a modernization
Committee on Appropriations noted: Office has delivered a provisional IT approach that will transform copyright
The Committee fully understands the Plan (available at www.copyright.gov/ administration in the United States.
importance of the Copyright Office as it reports/itplan), and now seeks public Customers will be able to transact with
input concerning these issues. While the Office easily, quickly, and from
Chairman Goodlatte) (‘‘Burdened by a lack of funds this Federal Register Notice is not a anywhere at any time, using any
and dependent upon the vastly different technology
substitute for the details set forth in the number of consumer platforms to secure
needs of the Library of Congress, the Copyright copyrights and access data, including
Office has been unable to respond to the needs of IT Plan, a brief summary of the plan is
the copyright community, harming copyright provided below. The IT Plan is flexible licensing or public domain information.
owners and users alike.’’); id. at 3 (statement of
in that it may be implemented according Systems will be designed to yield quick,
Ranking Member Conyers) (‘‘[T]he Office’s authoritative results, encouraging
recordation system continues to be a cumbersome to a variety of governance protocols,
and costly process that requires manual approvals, and controls between the participation, partnerships, and
examination and data entry. In addition, the Copyright Office and larger Library of commerce. Such a modern Office will
functionality of the Office’s databases and the
Congress; it does, however, depart from offer a rich public record that is easily
usability of the Office’s Web site must be improved. accessible by all, providing enormous
Further, the security of deposited digital works the status quo in which the Copyright
benefit to copyright authors and owners,
must be strengthened, and the copyright Office manages software applications
community needs a system which provides a more consumers, services, users, and anyone
and the Library of Congress manages
usable and searchable public record of copyrighted else with an interest in the national
material . . . . The Copyright Office is aware of the underlying IT systems.
copyright system.
need to modernize so that it can adapt to ever-
evolving technology and the needs of the copyright A. Modernizing the Copyright Office’s The implementation of a modern IT
community.’’). Information Technology system will require careful planning and
3 Improving Customer Service for the Copyright
The IT Plan is a companion to the coordination during the transition
Community: Ensuring the Copyright Office and the period, as required under applicable
Library of Congress Are Able to Meet the Demands Strategic Plan, which envisions
of the Digital Age: Hearing Before the H. Comm. on modernization of the Office as a federal practices. The IT Plan makes a
Administration, 114th Cong. (2015). comprehensive undertaking that core assumption that modernization
4 See, e.g., U.S. Copyright Office: Its Functions
addresses: The national copyright requires, and will receive, singular
and Resources at 24 (statement of Lisa A. Dunner, attention and focus. Assuming this
Partner, Dunner Law PLLC, on behalf of the Section system’s IT, data, and infrastructure
of Intell. Prop. L. of the Am. Bar Ass’n) (‘‘The needs; business, regulatory and legal dedicated, full-time commitment to
Copyright Office needs a sophisticated, efficient IT issues under the Office’s care; and modernization, the IT Plan proposes a
system responsive to its needs and those of its five-year implementation timeline that
users.’’); id. at 43 (statement of Nancy J. Mertzel, related potential changes to the
projects that users will experience
Schoeman Updike Kaufman & Stern LLP, on behalf copyright laws of the United States.8
meaningful differences in services
of the Am. Intell. Prop. L. Ass’n) (‘‘As the The major changes necessary to
[Copyright Office’s] technical upgrades report within three years. The five-year
effectively examine, register, protect,
explains, ‘[t]he Office’s technology infrastructure timeline is divided into four sequential
impacts all of the Office’s key services and is the document, and license copyright
phases, during which new initiatives
single greatest factor in its ability to administer interests and make useful information
copyright registration, recordation services, and will be implemented while the Office
available in the digital age cannot be
statutory licenses effectively.’ Yet, the Copyright maintains continuity of services. These
accomplished in the current technology
Office does not control its technology. Rather, it is phases may overlap as appropriate for
controlled by the Library of Congress, and housed state. mission-critical services; for example, a
on the Library’s servers. In fact, even equipment The IT Plan heeds the Strategic Plan’s
purchased by the Copyright Office with its modernized recordation system could
underlying call for the Copyright Office
be completed in advance of an
asabaliauskas on DSK5VPTVN1PROD with NOTICES

appropriated funds, is controlled by the Library.
Additionally, the Office is dependent upon the of the twenty-first century to be lean,
integrated system of records program.
Library’s IT staff. However, the Library IT staff has nimble, results-driven, and future-
Generally speaking, the four phases
other responsibilities, and is not well-versed in the focused, and translates those themes
needs of the copyright community. AIPLA urges include:
this Committee to explore ways to give the
into a comprehensive and exhaustive • Phase 0: The initial phase is
Copyright Office greater autonomy over its IT dedicated to establishing the IT
7 H. Rep. 114–110, 114th Cong. (2015).
infrastructure and services.’’ (citations omitted)).
5 Register of Copyrights, Positioning the United 8 Register of Copyrights, Positioning the United
operating model, processes, and
States Copyright Office for the Future, 18 States Copyright Office for the Future, 18 planning necessary for success in the
(December 1, 2015). (December 1, 2015). future phases. This includes

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of inquiry.
Dates		Written comments must be received no later than March 31, 2016 at 11:59 p.m. Eastern Time.
Contact		Catherine Rowland, Senior Advisor to the Register of Copyrights, or Regan A. Smith, Associate General Counsel, by email at [email protected], or by telephone at (202) 707- 8350.
FR Citation		81 FR 10672
81 FR 10672 - Information Technology Upgrades for a Twenty-First Century Copyright Office

LIBRARY OF CONGRESSU.S. Copyright Office

Federal Register Volume 81, Issue 40 (March 1, 2016)

LIBRARY OF CONGRESS
U.S. Copyright Office
