[Congressional Record Volume 163, Number 71 (Wednesday, April 26, 2017)]
[House]
[Pages H2868-H2877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REGISTER OF COPYRIGHTS SELECTION AND ACCOUNTABILITY ACT OF 2017
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous materials on H.R. 1695.
The SPEAKER pro tempore (Mr. Woodall). Is there objection to the
request of the gentleman from Virginia?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 275 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 1695.
The Chair appoints the gentleman from Idaho (Mr. Simpson) to preside
over the Committee of the Whole.
{time} 1356
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 1695) to amend title 17, United States Code, to provide
additional responsibilities for the Register of Copyrights, and for
other purposes, with Mr. Simpson in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Virginia (Mr. Goodlatte) and the gentleman from
Michigan (Mr. Conyers) each will control 30 minutes.
The Chair recognizes the gentleman from Virginia.
Mr. GOODLATTE. Mr. Chairman, I yield myself such time as I may
consume.
Intellectual property is a critical and growing part of our Nation's
economy, and the Register of Copyrights has a crucial role in the
numerous copyright policy issues that impact it.
Four years ago, the Judiciary Committee began considering how to
modernize our Nation's copyright laws, including how the Copyright
Office is structured. Making the Register position subject to the
nomination and consent process with potential candidates identified by
a congressional selection panel was among the many issues considered by
the House Judiciary Committee.
Because the Director of the Patent and Trademark Office, who has an
equally important voice on patent and trademark issues, is already
subject to the nomination and consent process, it provided a precedent
for this approach.
However, unlike the Patent and Trademark Office, the Copyright Office
is part of the legislative branch. Thus, it is appropriate to also
follow the precedent set for other legislative branch agencies, which
gives Congress a greater say in selecting candidates for the heads of
legislative branch entities to ensure those agencies are more
accountable to Congress.
Because the Register position is now vacant, filled on an acting
capacity by a well-regarded Acting Register, Ranking Member Conyers and
I introduced this bipartisan legislation to update the Register
selection process. To mirror a recent change to the Librarian of
Congress position that is now subject to a 10-year term limit, the
legislation also makes the Register of Copyrights position subject to a
10-year term limit.
The selection panel would be bipartisan and would consist of leaders
of the majorities and minorities of the House and Senate, and would
also include the Librarian of Congress.
In the past, the authority of the Register of Copyrights to issue
rulemakings has not been challenged in the courts because the Register
is not subject to the nomination and consent process.
{time} 1400
This legislation would remedy that question, once and for all. H.R.
1695 was reported by the House Judiciary Committee by a bipartisan vote
of 27-1. In addition to strong support from traditional copyright
groups, such as the Copyright Alliance, and the publishing, movie,
music, and software industries, the bill has been supported by a wide
range of diverse groups, such as the American Conservative Union; the
AFL-CIO; Heritage Foundation scholars; the Directors Guild of America;
the U.S. Chamber of Commerce; MANA, A National Latina Organization;
Americans for Tax Reform; and the Council for Citizens Against
Government Waste.
With such strong support from a wide range of over 70 groups and a
vacancy at the Register of Copyrights that needs to be quickly filled
under the new process created by this legislation, I urge my colleagues
to support H.R. 1695.
Mr. Chair, I reserve the balance of my time.
[[Page H2869]]
House of Representatives,
Committee on House Administration,
Washington, DC, April 19, 2017.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Chairman Goodlatte: I write to you concerning the
jurisdictional interest of the Committee on House
Administration in H.R. 1695, the Register of Copyrights
Selection and Accountability Act of 2017. The bill, as
reported from the Committee on the Judiciary on March 29,
2017, contains provisions that fall within the jurisdiction
of the Committee on House Administration.
I recognize and appreciate your desire to bring this
legislation before the House of Representatives in an
expeditious manner, and accordingly, I will waive Committee
consideration of provisions that fall within the Committee's
jurisdiction. However, agreeing to waive jurisdiction over
these provisions should not be construed as waiving,
reducing, or affecting the jurisdiction of the Committee on
House Administration.
Additionally, the Committee on House Administration
expressly reserves its authority to seek conferees on any
provision within its jurisdiction during any House-Senate
conference that may be convened on this, or any similar
legislation. I ask for your commitment to support any request
by the Committee for conferees on H.R. 1695 for provisions
within the Committee's jurisdiction.
I ask a copy of this letter and your response be placed in
the Congressional Record during any floor consideration of
H.R. 1695.
I look forward to working with you on matters of mutual
concern.
Sincerely,
Gregg Harper,
Chairman.
House of Representatives,
Committee on the Judiciary,
Washington, DC, April 20, 2017.
Hon. Gregg Harper,
Chairman, Committee on House Administration,
Washington, DC.
Dear Chairman Harper: Thank you for consulting with the
Committee on the Judiciary and agreeing to be discharged from
further consideration of H.R. 1695, the ``Register of
Copyrights Selection and Accountability Act,'' so that the
bill may proceed expeditiously to the House floor.
I agree that your foregoing further action on this measure
does not in any way diminish or alter the jurisdiction of
your committee or prejudice its jurisdictional prerogatives
on this bill or similar legislation in the future. I would
support your effort to seek appointment of an appropriate
number of conferees from your committee to any House-Senate
conference on this legislation.
I will seek to place our letters on H.R. 1695 into the
Congressional Record during floor consideration of the bill.
I appreciate your cooperation regarding this legislation and
look forward to continuing to work together as this measure
moves through the legislative process.
Sincerely,
Bob Goodlatte,
Chairman.
Mr. CONYERS. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I rise in strong support of H.R. 1695, the Register of
Copyrights Selection and Accountability Act. As lead Democratic
cosponsor of this bipartisan, bicameral legislation, I am pleased that
this bill passed out of our Judiciary Committee--thanks to Chairman
Goodlatte and many others--by a vote of 27-1.
This legislation represents sound public policy that will strengthen
the copyright system. To begin with, it has evolved directly from the
bipartisan copyright review process that Chairman Goodlatte initiated
way back in 2013. Over the course of that highly deliberative process,
the Judiciary Committee held no less than 20 hearings and heard from
over 100 witnesses on how to update the copyright laws for the 21st
century.
H.R. 1695 is the product of more than 4 years of outreach efforts
with a wide range of interested parties who very much want to see, like
all of us, a Copyright Office that is responsible to all stakeholders
in the copyright ecosystem.
This bill is also the product of bicameral collaboration with our
Senate colleagues, including the Judiciary Committee Chairman Grassley,
the Ranking Member Feinstein, and Senator Leahy. As a result of this
inclusive process, the strong bipartisan consensus emerged from the
Copyright Office that needs to be more accountable to Congress, and
that it should have greater independence.
That Office has a long and distinguished history of serving as an
adviser to Congress on copyright measures, and it is only reasonable
that Congress play a significant role in deciding who leads that
important agency.
H.R. 1695 also elevates the stature of the Register and makes the
position directly accountable to Congress, which will help ensure a
strong and vibrant copyright system that fuels our economy, creates
jobs, and promotes a diverse range of views.
Today, core copyright businesses annually contribute more than $1.2
trillion to our Nation's economy and generate foreign sales of almost
$180 billion. These businesses are also tremendous job creators,
creating more than 5 million workers.
That is why the bill is strongly supported by several unions,
including the AFL-CIO, the Screen Actors Guild, the American Federation
of Television and Radio Artists, as well as the Directors Guild of
America.
H.R. 1695 is also supported by a broad range of other stakeholders,
including: the American Intellectual Property Law Association; the
Intellectual Property Owners Association; and various coalitions of
creators, such as the Content Creators Coalition (c3), CreativeFuture,
and the Copyright Alliance.
Individual creators like Jeff Friday, the founder and CEO of Film
Life and the producer of the American Black Film Festival also are in
strong support of the bill.
Finally, H.R. 1695 will enable Congress to ensure that the Copyright
Office is led by a well-qualified individual by requiring the Register
to be confirmed by the Senate. This individual must be responsive to
the Congress and the public, as well as all the stakeholders in the
copyright community.
In fact, an amendment offered by our distinguished colleague from
Texas (Ms. Jackson Lee), that was accepted during the Judiciary
Committee markup of the bill, will further strengthen the selection
process by establishing an even larger role for Congress in choosing
candidates for the position.
Accordingly, I urge total support for H.R. 1695, and I reserve the
balance of my time.
Mr. GOODLATTE. Mr. Chairman, I reserve the balance of my time.
Mr. CONYERS. Mr. Chair, I yield 5 minutes to the gentleman from New
York (Mr. Nadler), a senior member of the committee who has done an
amazing job.
Mr. NADLER. Mr. Chair, I thank the gentleman for yielding.
Mr. Chair, I rise in strong support of H.R. 1695. This legislation
would strengthen the Copyright Office and make it more accountable to
Congress by turning the Register of Copyrights into a Senate-confirmed
position.
Since 2013, under the bipartisan leadership of Chairman Goodlatte and
Ranking Member Conyers, the Judiciary Committee has undertaken a
comprehensive review of the copyright laws and the Copyright Office.
Over the course of 20 hearings with 100 witnesses, as well as listening
sessions across the country, and individual meetings with a broad range
of stakeholders, we have heard one consistent message: that the
Copyright Office must be modernized to meet the needs of the public in
the copyright community.
This bill is an important first step in that process, and it is
appropriate that we consider it today on World Intellectual Property
Day when we recognize the tremendous contribution that intellectual
property laws, including copyright, make to our economy and to our
creativity. But maintaining this vibrant copyright ecosystem depends on
having an effective Copyright Office to oversee it. Throughout the
copyright review process, it became evident that the current structure
of the Office has hindered its ability to serve the public and the
copyright community effectively.
For historical reasons, the Copyright Office is located in the
Library of Congress, and the Register of Copyrights answers solely to
the Librarian of Congress. As an institutional matter, this creates a
conflict. Libraries are a key stakeholder in the copyright community,
but they are one among many stakeholders, each with different
priorities and interests. To place the Copyright Office in the hands of
one interested party does a disservice to the copyright system it is
charged with administering.
H.R. 1695 would remedy this problem by making the Register of
Copyrights a Presidential appointment subject to Senate confirmation.
It would establish an open and transparent process for publicly vetting
a nominee for Register and would allow the broad range
[[Page H2870]]
of copyright stakeholders to provide input through their
elected Representatives.
It would also strengthen the ability of Congress to provide
meaningful oversight of the Copyright Office, and, by establishing a
10-year term for the Register, it would insulate the Office from any
improper political influence.
It is particularly important that Congress have the final say in who
serves as Register because, by statute, the Copyright Office serves as
an expert adviser to Congress on copyright matters. The Office has
played an invaluable role throughout the Judiciary Committee's
copyright review process, and this bill would ensure that we continue
to rely on independent advice from the Register as we make further
reforms to the copyright laws.
Under current law, the selection of the Register is left entirely to
the Librarian. And since the Librarian serves at the pleasure of the
President, it is really the President who can dictate the choice of
Register if the Librarian wishes to keep her job. And the Register can
be dismissed at any time by the Librarian, possibly at the direction of
the President.
This bill serves as an important check on the President's power by
removing his unfettered ability to name a Register, by requiring Senate
confirmation of the position instead, and by giving the Register a
fixed 10-year term.
The role of Congress is further solidified by an important amendment
that was added during the committee's markup by the gentlewoman from
Texas (Ms. Jackson Lee). Under her amendment, which is now in the bill,
a panel of congressional leaders, along with the Librarian of Congress,
would develop a list of candidates from which the President would
choose a nominee. This strengthens congressional input and preserves an
important role in the process for the Librarian as well.
The Jackson Lee amendment strikes a good balance between respecting
the roles of Congress, the President, and the Librarian in selecting
the Register, and I appreciate the contribution she made to the bill.
The Copyright Office serves a vital function, but its current
structure does not reflect the importance of the Office. H.R. 1695
elevates the status and the stature of the Register, and treats the
position like other Federal officials with similarly significant
responsibilities--like the Director of the U.S. Patent and Trademark
Office. This would make the Copyright Office more responsive and
accountable to Congress, and it is the first step to its providing the
Office with the flexibility and independence it needs to serve all
members of the copyright community effectively.
This legislation is independent of any evaluation of the fitness of
the current Librarian--who is excellent in my opinion--of the fitness
of the prior Register. This legislation has been developed over a
period of years, and the importance is institutional, not reflecting
the personalities of the current occupants.
This legislation is supported by a broad range of stakeholders,
including the AFL-CIO and several other major unions, and it passed the
Judiciary Committee by a nearly unanimous vote of 27-1.
It deserves similar support by the full House, and I urge all of my
colleagues to support the bill.
Mr. GOODLATTE. Mr. Chairman, I reserve the balance of my time.
Mr. CONYERS. Mr. Chair, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Brady), ranking member of the House Administration
Committee.
Mr. BRADY of Pennsylvania. Mr. Chairman, I thank the ranking member
for whom I have the utmost respect for. But unfortunately, I rise in
opposition to this bill.
Dr. Carla Hayden, appointed by President Obama, has been on the job
less than a year and deserves the opportunity to complete the IT
modernization of the Copyright Office before this authority is taken
away from her. As ranking member of the Committee on House
Administration, I know that Dr. Hayden has made excellent process in
reforming the Copyright Office, knocking 2 years off the estimated time
to complete its modernization. This bill is a solution in search of a
problem.
This measure not only impedes the progress Dr. Hayden is currently
making but will also undue the strides that have already been made.
Simply put, this bill does nothing to improve the operations of the
Copyright Office.
Mr. Chair, I urge my colleagues to stay with Dr. Hayden and vote
``no'' on this bill.
Mr. GOODLATTE. Mr. Chairman, I reserve the balance of my time.
Mr. CONYERS. Mr. Chair, I yield 2 minutes to the gentlewoman from
California (Ms. Lofgren), a senior member of the Judiciary Committee.
{time} 1415
Ms. LOFGREN. Mr. Chair, despite all the rhetoric, this bill does
really just one thing: it takes the appointment of the Register away
from Dr. Carla Hayden, the most qualified Librarian we have ever had at
the Library of Congress, and gives it to President Trump.
Now, the policy excuses for this are simply unpersuasive. Proponents
say that this would give greater transparency to the Congress and the
operation of the Copyright Office. I think this is a ridiculous
statement.
Once a Presidential appointment is confirmed, there is no greater
attention to the desires of Congress or transparency than for any other
non-Presidential appointment. The conflicts that the Republican
Congress had with President Obama's Environmental Protection Agency and
IRS appointees are testimony to that truth.
There are vague claims of elevating the Register and modernizing the
Office, but, in fact, the Library is finally making progress on
modernizing the Office. This bill would actually disrupt that progress.
When you talk about conflicts, the Library doesn't have a conflict
with this, but who does have a conflict is President Trump. He holds 30
copyrights. So I don't think the idea of President Trump being a
superior selector of the Register because of his elevation or his
expertise as a writer really holds any weight.
I would like to mention the amendment that our colleague Sheila
Jackson Lee had offered. I am extremely fond of my friend Sheila
Jackson Lee, but the amendment does nothing because you cannot limit
Presidential appointment power through statute. The President is
limited only by the advice and consent of the Senate.
Finally, I would like to say that the potential for empowering
special interests in this bill is very high. We ought to say ``no'' to
this bill.
Mr. GOODLATTE. Mr. Chairman, I continue to reserve the balance of my
time.
Mr. CONYERS. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from California (Mr. Cardenas).
Mr. CARDENAS. Mr. Chair, I appreciate all the great work that my
colleague, Congressman Conyers, has done not only on this issue, for
the many years you have served distinguishably in this Congress, but
thank you so much for yielding some time.
Mr. Chair, I rise in support of H.R. 1695, the Register of Copyrights
Selection and Accountability Act of 2017.
I represent the San Fernando Valley, which is in the Los Angeles
area. For my constituents, for the families in my district, copyright
protections are not an abstract philosophical issue, ladies and
gentlemen. The families in my district depend on strong copyright
protections in order to earn a living, to feed their family. They work
in film and television studios and in music publishing. They are
artists, set designers, producers, union drivers; they work on lots,
and they work in every aspect supporting this incredible industry.
There are 127,000 film and television production jobs in Los Angeles
County. According to a recent report, the core copyright industries--
film, television, music, video games, and publishing--make possible 5.5
million jobs and bring in $1.2 trillion of gross domestic product to
the American economy.
Good copyright laws and regulations mean jobs and whether or not a
family can put food on the table and a roof over their heads. We need
to give the Copyright Office the respect and authority it deserves as
the overseer of 5.5 million American jobs.
I have heard from my constituents for years about the need to empower
the Copyright Office to keep up with
[[Page H2871]]
the industry and the technology changes. This is not a new debate,
ladies and gentlemen.
I urge my colleagues to join me in supporting this bill and to
continue to stand up for American copyright jobs.
Mr. GOODLATTE. Mr. Chairman, I continue to reserve the balance of my
time.
Mr. CONYERS. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from Georgia (Mr. Johnson), a distinguished member of the
Judiciary Committee.
Mr. JOHNSON of Georgia. Mr. Chair, I thank the ranking member, and I
appreciate his work. I appreciate the chairman's work on this bill.
I believe that this proposal is ill-timed, and that is why I rise in
opposition to it.
Today, World Intellectual Property Day, the protection of our
Nation's intellectual property and, specifically, our copyrights is too
important to take lightly.
The system for the appointment of the Register of Copyrights has long
been in place, and selection of the head of the Office of Copyrights
has been within the purview of the Librarian of Congress, this Nation's
top librarian.
The system is not broken, but the entire system, including the
Library of Congress, is in need of congressional attention and upgrade.
What is needed is modernization, which requires more funding. Our first
order of business should be to fund adequately the operations of the
Library of Congress as well as the Office of Copyrights. But in these
days where we are trying to keep the government from closing, you see
what we are dealing with in that regard. It is fitting that this
decision remain with the Librarian, as she has an interest in
protecting copyrighted materials as head librarian.
The nomination and consent process has been politicized, with the
recent theft from President Obama of a United States Supreme Court
appointment serving as Exhibit A.
The Library has been well underfunded for many years, and separating
the Register's Office would not help with the comprehensive
modernization of the Library or the Copyright Office. Instead, it would
subject the newly independent Office to the appropriations process,
which, as I stated, is already failing.
The Library of Congress is the premiere stakeholder in the smooth and
efficient operations of the Office of Copyrights. The Librarian of
Congress is in the best position to monitor the operations of the
Copyright Office much more than the Office of the President.
Modernization of the Library has been discussed for the past 10
years. Let's do it comprehensively. Let's not start off with this
proposal which, quite frankly, doesn't pass the smell test at this
time.
Mr. GOODLATTE. Mr. Chairman, I continue to reserve the balance of my
time.
Mr. CONYERS. Mr. Chair, I am pleased to yield 4 minutes to the
distinguished gentleman from Florida (Mr. Deutch).
Mr. DEUTCH. Mr. Chair, I thank my friend, the ranking member from
Michigan, for the time, and I appreciate the opportunity to join the
majority of my committee colleagues as a cosponsor of this bill. It
reflects the general consensus that Congress needs to step in to
increase the autonomy of the Copyright Office, while still respecting
its historic connection to the Library.
This bill is an important first step in reforming the Copyright
Office, but it can't be the only step. Through the hearings this
committee has held over the past few years, we have learned how truly
behind the curve the Copyright Office is.
I have worked with colleagues to find a bipartisan and consensus-
driven set of reforms for the Copyright Office that would go beyond
just this step in the process of selecting a Register, as have the
chairman and Ranking Member Conyers and others on the committee.
It should be obvious that, to bring the Office into the 21st century,
we need to do more than just change the selection process for the
Register of Copyrights. It requires a massive overhaul of the IT system
of the Office to create both a smoother process for creators seeking to
protect their work and a system to enable the public to search the
broad catalog of American creativity.
It requires increased accountability and consultation with both the
creative and the user communities so that we ensure that the
improvements and investments meet the needs of all those who rely on
the Copyright Office to do its job well.
Establishing the Register of Copyrights with authority outside of the
Library of Congress is not a reflection on the Librarian of Congress.
It is a recognition of the reality that the Library and the Copyright
Office have two fundamentally different missions, and they deserve to
be empowered to pursue those missions. It is a recognition that success
for both of these important entities means allowing them to maintain
their historic connection but operate on a day-to-day basis with
greater autonomy.
I am glad that the chairman has taken up this first step, and I look
forward to working with him and Ranking Member Conyers and others on
the next steps as well.
This piece of legislation supports strong copyright laws in our
country. Having strong copyright means the ability for creators to be
able to do their work. It means the creation of jobs.
The reason that this piece of legislation has such strong bipartisan
support, the reason that it is supported by the thousands and thousands
of people who earn their living every day as a result of the creativity
that strong copyright laws protect, the reason they are supporting this
legislation is because it is an important first step.
I am glad to participate in this debate, and I look forward to
passing this bill, H.R. 1695, in order to take that first step to
promote stronger copyright, to provide the kind of autonomy that the
Copyright Office needs so that it can move forward rapidly with
modernization, and, most importantly, at this moment in our Nation's
history, to ensure that we have the strongest possible avenue to create
even more good jobs, well-paying jobs. That is what this legislation is
about.
Mr. Chair, I encourage all of my colleagues to support this bill.
Mr. GOODLATTE. Mr. Chair, I continue to reserve the balance of my
time.
Mr. CONYERS. Mr. Chair, I am pleased to yield 2 minutes to the
distinguished gentlewoman from California (Ms. Judy Chu).
Ms. JUDY CHU of California. Mr. Chair, this is a bill that is
critical for us to pass. It is the result of more than 3 years of
hearings, listening tours, and dozens of conversations with a wide
range of stakeholders.
Under the leadership of Chairman Bob Goodlatte and Ranking Member
John Conyers, the Judiciary Committee members sat through hours of
hearings and even traveled to different cities around the country to
hear from all the stakeholders that are impacted by our copyright
policies.
It is clear that we need a change in the Copyright Office. We need to
protect our Copyright Office. We can do that with a Presidential
appointee of the Register. That is why this bill is supported by a wide
range of stakeholders, including the AFL-CIO; the Screen Actors Guild-
American Federation of Television and Radio Artists, SAG-AFTRA; the
Directors Guild; the International Alliance of Theatrical Stage
Employees, or IATSE; the American Federation of Musicians; the Motion
Picture Association of America; the Recording Industry Association of
America; the GRAMMYs; the National Association of Broadcasters;
Software and Information Industry Association; the American
Intellectual Property Law Association; and the Intellectual Property
Owners Association, amongst many.
Mr. Chair, I urge my colleagues, for the sake of our future and the
protection of copyright, to support this bill.
Mr. GOODLATTE. Mr. Chairman, I continue to reserve the balance of my
time.
Mr. CONYERS. Mr. Chair, it is my pleasure to yield 5 minutes to the
gentlewoman from Texas (Ms. Jackson Lee), one of the most influential
members of the Judiciary Committee.
Ms. JACKSON LEE. Mr. Chair, let me thank the gentleman from Michigan
and all of my colleagues that have spoken on this job-creating
legislation and recognition of how great America is with all of the
creative talent that
[[Page H2872]]
we have mustered, the music that you enjoy, the songwriters and others
who created both the visual and musical arts. This is what this is
about.
Now, I have listened to some of my colleagues from California. I am
not from California. I am from Houston, Texas. But we know that
creative artists and writers and those who invent and those who write
wonderful stories are all part of the arena of what America is great
about. They generate genius and they create jobs. The Copyright Office
is that protector that ensures that those jobs will be protected.
We, over a series of years in the Judiciary Committee, have looked at
reforming the copyright system. We have had hearings even with the
former Copyright Register, who indicated that putting her position in a
Senate confirmation would be the right thing to do. But it has taken 4
years.
So today we have come not to be out of order and not doing other
major aspects of reform. In fact, I want to congratulate the Librarian
of Congress who, now, is engaged in modernization. I applaud her. Her
appointment has been significant. She is innovative and is already
working to make sure that the Library and the creative arts and assets
and property of those of great talent is protected.
{time} 1430
Today we address an aspect of that work, and that is we want to
continue to see the progress that our Librarian has made. We want to be
able to make on an equal status that individual that is dealing with
copyright just as the director of the U.S. Patent and Trademark Office
status as a Presidential appointee does not compromise that person's
ability to execute their duties as head of the USPTO, nor should it
compromise or interfere with the responsibilities of cooperation,
collaboration, jurisdictional compromise, and work between the
Librarian of Congress and the Register of Copyrights.
To the Librarian of Congress, my view is keep working, keep doing the
modernization work. I believe that as we move forward, regardless of
who at this point is in the Office of President, that we can ensure
that Congress has insight and oversight over this important position.
Let me also suggest to my colleagues that the Library of Congress is
an important part of the work of Congress, and I think all of us should
be interested stakeholders in the work that it does and should be
supporters of that.
We encourage the Library of Congress to work with America's
constituency by having programs and letting them know of the wonderful
artifacts that are there, that are held, that tell the history of this
great Nation. It is always important to be able to do research there
and to see the storied history.
Now, we come to this bill that does nothing to undermine that storied
history or the Librarian of Congress. What it does, as I have
indicated, is it helps us create jobs.
Now, in order to recognize the importance of the Librarian of
Congress, in this instance, Dr. Carla Hayden, I am very grateful that
my colleagues accepted an amendment that I have that, in fact, does do
something, and it does a very important action. It respects and
recognizes the value of Congress' insight on putting forth nominees or
names that will be selected from to become the Register of Copyrights,
not to have limited input, but to actually produce the names.
Ultimately, I hope that an amendment going forward after this bill,
working with the Senate, can be that there is a limit to the names
being put forward and that those names are the names that are put
forward to the President of the United States. I think that is an
element that should be included.
The Acting CHAIR (Mr. Fortenberry). The time of the gentlewoman has
expired.
Mr. CONYERS. Mr. Chair, I yield an additional 30 seconds to the
gentlewoman from Texas.
Ms. JACKSON LEE. In the amendment, it has that the Speaker of the
House of Representatives, the President pro tempore of the Senate, the
majority leader of the House of Representatives, the majority leader of
the Senate, minority leader of the House of Representatives, and the
Librarian of Congress will be, in fact, the deciders of who gets
nominated to be the Register of Copyrights.
As we well know, the AFL-CIO has provided a letter of support, along
with the American Federation of Musicians, the Authors Guild, the
Directors Guild of America, the Graphic Artists Guild, the
International Alliance of Theatrical Stage Employees, and Screen Actors
Guild. All of these create jobs and all of these unions have
representatives all around the Nation.
Finally, I would say it is extremely important that the musicians and
artists of color have indicated that they see no bias in this
particular legislation against the present Librarian and have written a
letter indicating that they believe that there is no bias.
The Acting CHAIR. The time of the gentlewoman has again expired.
Mr. CONYERS. Mr. Chair, I yield an additional 30 seconds to the
gentlewoman from Texas.
Ms. JACKSON LEE. So I ask my colleagues to work together and to pass
H.R. 1695 to continue the process of modernization of the Copyright
Office and continue the collaborative work between the Librarian of
Congress and the Register of Copyrights. There is no difference in the
cooperation of decades before and, as well, there is no indication that
that will not occur in the future. Both of them will have 10-year
terms, and I believe that we will move forward on behalf of the
American people.
Mr. Chair, I rise in support of the rule under consideration for H.R.
1695, the ``Register of Copyrights Selection and Accountability Act of
2017,'' as amended to include the Jackson Lee Amendment.
H.R. 1695, the ``Register of Copyrights Selection and Accountability
Act of 2017,'' if enacted, would change the selection process for the
Register of Copyrights, who is the Director of the United States
Copyright Office, which is housed in the Library of Congress.
The Librarian of Congress, an appointed position subject to Senate
confirmation since 1987, is currently tasked with modernizing the
Library of Congress.
This legislation is not about taking power away from any individual.
In fact, Dr. Carla Hayden, the current Librarian of Congress, is by
all accounts serving the various needs of the Library of Congress very
well.
This legislation and the Jackson Lee Amendment only further the
Library's efforts to effectively modernize its copyright selection and
approval process.
Just as the Director of the U.S. Patent and Trademark Office's status
as a Presidential appointee does not compromise her ability execute her
duties as head of the USPTO, the Copyright Register will not be
compromised by the fact he or she is a Presidential appointee.
Dr. Hayden is an exceptional administrator and the bill before us in
no way reflects adversely upon her.
The Jackson Lee Amendment, accepted during markup with bipartisan
support by the members of the Judiciary Committee to improve the bill,
recognizes the dual role of the Library of Congress as both a
legislative and a national institution, militating against giving
President carte blanche in nominating the Register of Copyrights.
Specifically, the bill's amended provision establishes a 7-person
panel to recommend a list of at least three (3) individuals to the
President for appointment as the Register of Copyrights.
The amendment provides that the panel membership shall be as follows:
1. Speaker of the House of Representatives;
2. President pro tempore of the Senate;
3. Majority Leader of the House of Representatives;
4. Majority Leader of the Senate;
5. Minority Leader of the House of Representatives;
6. Minority Leader of the Senate; and the
7. Librarian of Congress.
This bill is the product of years of bipartisan deliberation, and
reflects the collective and considered judgment of Members of Congress
that the Copyright Office would be strengthened as an institution were
the Register to be selected through the advise and consent process,
regardless of which political party occupied the Oval Office or
controlled majorities in Congress.
The essential role of government is to protect life, liberty and
property.
That is why a fundamental bulwark of the core values demonstrated by
our constitution is property rights--a notion understood by the
Founders at the dawn of the Republic.
For precisely that reason, the Founding Fathers recognized the
importance of IP in Article I, Section 8 of the Constitution: ``To
promote the Progress of Science and useful Arts, by securing for
limited times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries.''
[[Page H2873]]
This clause, articulated by the Founders, is rooted in the notion
that the best way to encourage creation and dissemination of new
inventions and creative works to the benefit of both the public good
and individual liberty is to recognize one's right to his or her
intellectual property.
On November 12, 1975, at the investiture of Daniel J. Boorstin as the
12th Librarian of Congress, Congressman Lucien N. Nedzi of Michigan,
the Chairman of the Joint Committee on the Library, stated:
As its name reveals, the Library is the Library of
Congress--a fact in which the Congress of the United States
takes great pride--and, of equal importance, if not more so,
it is a national library that serves all of the people of the
United States.
H.R. 1695, balanced by the Jackson Lee Amendment, strikes the proper
balance and harmonizes these dual interests.
The national interest and character of the institution is preserved
by elevating the office of the Register of Copyrights and vesting in
the President the authority to nominate the Register of Copyrights.
The legislative interest is protected by constraining the President
to select for appointment 1 of 3 persons recommended by panel that
represents the institutional interests of Congress in the Library and
its subdivisions--the joint congressional leadership and the Librarian
of Congress.
The panel only possesses the power to recommend candidates to the
President; it cannot dictate the President's choice.
Moreover, this arrangement complies with Article II, Section 2,
Clause 2 of the Constitution, which provides:
[The President] shall . . . nominate, and by and with the
advice and consent of the Senate, shall appoint ambassadors,
other public ministers and consuls, judges of the Supreme
Court, and all other officers of the United States, whose
appointments are not herein otherwise provided for, and which
shall be established by law[.]
The Founder's wisdom is manifest in today's creative economy, which
contributes more than $1.2 trillion to GDP and supports 5.5 million
jobs.
Yet in a quirk of history, without this legislation, Congress has no
role in the selection of the Register of Copyrights, even though the
Register is Congress' statutorily designated expert advisor on
copyright policy and the head of the Copyright Office.
What is no accident is that Congress can fix this problem by passing
H.R. 1695, on World IP Day, Wednesday, April 26, 2017.
This would increase accountability to Congress as well as
transparency by giving all Americans a voice in the selection of the
Register through their elected representatives.
We can think of no better way to recognize the contributions of
copyright to the economy than by finally ascribing to the position of
Register an importance commensurate with the sector it oversees.
I urge my support for the rule, as well as the underlying legislation
as amended.
Mr. GOODLATTE. Mr. Chairman, I have no speakers remaining, and I am
prepared to close when Ranking Member Conyers concludes.
I reserve the balance of my time.
Mr. CONYERS. Mr. Chairman, I yield myself the balance of my time to
close.
Ladies and gentlemen, in closing, I want to point out that it is
particularly appropriate that we are considering H.R. 1695 on World
Intellectual Property Day, a day dedicated to acknowledging the
critical role that intellectual property rights play in encouraging
creativity and innovation.
First established in 2001, World Intellectual Property Day encourages
engagement among governments, private industry, and the public about
the importance of intellectual property promotion and protection.
H.R. 1695 goes a long way in achieving those goals. Accordingly, I
thank my colleagues for their support, and I urge that this bill be
passed.
Mr. Chairman, I yield such time as she may consume to the gentlewoman
from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Chair, I include in the Record a letter from the
Content Creators Coalition, dated April 25, 2017, in support of this
legislation.
April 25, 2017.
Congressional Black Caucus Member: On behalf of the Content
Creators Coalition, we write in support of H.R. 1695, the
Register of Copyrights Selection and Accountability Act,
which would modernize and provide greater transparency to the
process of selecting the Register of the Copyright Office.
This is vital legislation that will strengthen the
Copyright Office. We believe this selection process should be
granted a similar import, rigor, and transparency as the
processes of selecting other organizations, such as the U.S.
Patent and Trademark office, that oversee large industries:
Presidential nomination and Senate confirmation. In light of
the specialized knowledge required to lead this office, we
also support the appointment of an advisory group to suggest
candidates for consideration.
This legislation would place the Copyright Office on equal
footing as other economically and culturally vital agencies.
It has wide bipartisan support and was passed out of the
typically polarized House Judiciary Committee on a vote of
27-1.
As artists of color, we find it deeply offensive that
opponents of this bill have attempted to recast their anti-
creators' rights goals into a smear campaign against its
sponsors and supporters, insinuating that the legislation is
about the race and gender of the current Librarian of
Congress. The Register of Copyrights Selection and
Accountability Act is co-authored by the Dean of the House
and the Congressional Black Caucus, Judiciary Ranking Member
John Conyers, and supported by Congressman John Lewis. Their
lifelong and unshakeable commitment to civil rights is a
historical fact and should be honored and respected, not
opportunistically and baselessly questioned just to score a
few empty political points.
We would be the first to speak out against prejudice or
bias anywhere--in business, culture, the arts, or politics.
But here, we know these charges are false. The bill has
nothing to do with the current Librarian at all--in fact,
these reform proposals pre-date her appointment.
Nor does this bill have anything to do with the former
Register of Copyrights. We are grateful for her tireless
efforts and advocacy on behalf of working musicians and find
it appalling that some have engaged in efforts to drag her
record through the mud to defeat these reforms.
And certainly the bill has nothing to do with the current
President--once again, these proposals to modernize the
Copyright Office long pre-date his election. It is the height
of cynicism for bill opponents to attempt to ride on the
powerful coattails of the ``RESIST'' movement by falsely
wrapping this bipartisan pro-artist, pro-creator legislation
in the controversies surrounding the President, especially in
light of his proposal for massive cuts to funding for the
arts. In our view, misleading the President's critics by
leveraging fear into opposition for a non-controversial
proposal like this ultimately undermines and disrespects our
movement.
The need for this legislation is plain. The current system
in which the Librarian of Congress selects the Register is
the result of a unique moment in history and outdated
concerns: in 1870, the Librarian of Congress asked Congress
to give him the authority to appoint the Register in order to
deal with a massive influx of new works and the need to
quickly grow the Library's collection.
Nearly 150 years later, the functions of the Copyright
Office have changed. It is no mere registry of creative
works, but has become the most trusted advisor on Copyright
law and its interpretation for the United States Congress.
The process of selecting a leader to this office should
reflect the importance of copyright to the U.S. economy.
Congress is reviewing and revising copyright laws to ensure
they continue to protect all music creators in a time of
rapid transition online. It deserves the best advice it can
get, and reform of the Register selection process is long
overdue.
Thank you for consideration of our views,
Melvin Gibbs.
Nona Hendryx.
Ernie Isley.
Ramsey Jones.
Darrell McNeill.
V Jeffery Smith.
Mr. CONYERS. Mr. Chair, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Chair, I yield myself the balance of my time to
close.
I thank Ranking Member Conyers and many other Members across the
aisle, as well as the subcommittee chair and the subcommittee vice
chair of the Judiciary Committee's Subcommittee on Courts, Intellectual
Property, and the Internet--Mr. Issa and Mr. Collins--for their hard
work in support of this legislation, which is urgently needed. It is
very straightforward. It has very broad bipartisan support here in the
House.
It is also strongly supported in a bipartisan fashion in the Senate.
A wide array of outside organizations--virtually every copyright
organization in the country--as well as a number of other organizations
concerned about the importance of intellectual property protection and
particularly copyright law want to see the status of the Register of
Copyrights elevated by Presidential appointment with input from six
leaders in the House and the Senate and the Librarian of Congress to
select the next Register of Copyrights and have a 10-year term, which
is compatible with terms of other important legislative branch
positions.
Mr. Chair, I urge my colleagues to support this legislation, and I
yield back the balance of my time.
Mr. BLUMENAUER. Mr. Chair, today I voted against H.R. 1695, the
Register of Copyrights Selection and Accountability Act. As the founder
and co-chair of the Congressional Library of Congress Caucus, I care
deeply
[[Page H2874]]
about the services and the mission of the Library, including the U.S.
Copyright Office. It's past time to bring the Library and the Copyright
Office into the 21st Century, and I strongly support efforts to
modernize and reform existing practices. H.R. 1695, however, might
unnecessarily politicize the Copyright Office and the position of the
Register and could make its work less transparent and less neutral to
all parties. We should allow Dr. Carla Hayden to continue to guide the
modernization process by selecting a Register, a decision enjoyed by
all of her predecessors to hold the office of Librarian. While it is
unclear that H.R. 1695 would do more good than harm, I look forward to
working with my colleagues on both sides of aisle on future efforts to
reform and modernize the Library of Congress the copyright system.
The Acting CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule. In lieu of the amendment in the nature of a
substitute recommended by the Committee on the Judiciary, printed in
the bill, it shall be in order to consider as an original bill for the
purpose of amendment under the 5-minute rule an amendment in the nature
of a substitute consisting of the text of Rules Committee Print 115-13.
That amendment in the nature of a substitute shall be considered as
read.
The text of the amendment in the nature of a substitute is as
follows:
H.R. 1695
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Register of Copyrights
Selection and Accountability Act of 2017''.
SEC. 2. REGISTER OF COPYRIGHTS.
(a) Amendments.--Section 701 of title 17, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) All administrative'' and inserting
the following:
``(a) Register and Director.--
``(1) In general.--All administrative'';
(B) by striking ``director'' and inserting ``Director'';
(C) by inserting after the first sentence the following:
``The Register of Copyrights shall be a citizen of the United
States with a professional background and experience in
copyright law and shall be appointed by the President from
the individuals recommended under paragraph (6), by and with
the advice and consent of the Senate.''; and
(D) in the last sentence, by striking ``shall be
appointed'' and all that follows through ``and shall act''
and inserting ``shall act'';
(2) in subsection (b), by redesignating paragraphs (1)
through (5) as subparagraphs (A) through (E), respectively,
and adjusting the margins accordingly;
(3) by redesignating subsection (b) as paragraph (2), and
adjusting the margins accordingly;
(4) in paragraph (2), as so redesignated, by inserting
``Duties.--'' before ``In addition'';
(5) by inserting after paragraph (2) the following:
``(3) Oath.--The Register of Copyrights shall, before
taking office, take an oath to discharge faithfully the
duties of the Copyright Office described in paragraph (2).
``(4) Removal.--
``(A) In general.--The Register of Copyrights may be
removed from office by the President.
``(B) Notification.--The President shall provide
notification to both Houses of Congress of a removal under
subparagraph (A).
``(5) Term of office.--
``(A) In general.--Subject to subparagraph (B), the
Register of Copyrights--
``(i) shall be appointed for a term of 10 years; and
``(ii) may serve until a successor is appointed, confirmed,
and taken the oath of office.
``(B) Limitation.--The Register of Copyrights may not
continue to serve after the date on which Congress adjourns
sine die after the date on which the 10-year period described
in subparagraph (A)(i) ends.
``(C) Reappointment.--An individual appointed to the
position of Register of Copyrights, by and with the advice
and consent of the Senate, may be reappointed to that
position in accordance with the requirements of this section.
``(6) Panel for register of copyrights recommendations.--
There is established a panel to recommend a list of at least
3 individuals to the President for appointment as the
Register of Copyrights. The panel shall be composed of the
following:
``(A) The Speaker of the House of Representatives.
``(B) The President pro tempore of the Senate.
``(C) The majority and minority leaders of the House of
Representatives and the Senate.
``(D) The Librarian of Congress.'';
(6) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively;
(7) in subsection (b), as so redesignated, by inserting
``Seal.--'' before ``The Register'';
(8) in subsection (c), as so redesignated, by inserting
``Annual Report.--'' before ``The Register'';
(9) in subsection (d), as so redesignated, by inserting
``Applicability of Title 5.--'' before ``Except as
provided''; and
(10) in subsection (e), as so redesignated, by inserting
``Compensation.--'' before ``The Register''.
(b) Applicability.--The amendments made by subsection (a)
shall apply with respect to any vacancy for the Register of
Copyrights after January 1, 2017. If a Register of Copyrights
is appointed during the period beginning on January 1, 2017
and ending on the day before the date of the enactment of
this Act, that Register shall meet the requirements of the
amendments made by this Act or shall be replaced in
accordance with such amendments.
The Acting CHAIR. No amendment to that amendment in the nature of a
substitute shall be in order except those printed in House Report 115-
95. Each such amendment may be offered only in the order printed in the
report, by a Member designated in the report, shall be considered read,
shall be debatable for the time specified in the report, equally
divided and controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand for division
of the question.
Amendment No. 1 Offered by Mr. Deutch
The Acting CHAIR. It is now in order to consider amendment No. 1
printed in House Report 115-95.
Mr. DEUTCH. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1, line 18, insert after ``law'' the following: ``,
shall be capable of identifying and supervising a Chief
Information Officer or other similar official responsible for
managing modern information technology systems,''.
The Acting CHAIR. Pursuant to House Resolution 275, the gentleman
from Florida (Mr. Deutch) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. DEUTCH. Mr. Chairman, this amendment will place a much-needed
priority on advancing the technological capabilities of the U.S.
Copyright Office.
I support the underlying bill to make the selection of the Register
of Copyrights more open and more transparent. I also support the
additional congressional oversight that will be necessary to ensure
that the Register is accountable to the American people.
I agree with Chairman Goodlatte, Ranking Member Conyers, and my other
colleagues on the Judiciary Committee that it is important that this
bill move forward now. Making this improvement to the selection process
for the next Register is an important first step before the committee
advances broader Copyright Office modernization.
Even as we take this initial modest step to improve the appointment
process, we can do more to strengthen the Copyright Office for today's
economy. The Copyright Office's mission is to administer our Nation's
copyright laws for the public good.
Securing Americans' rights to their intellectual property fosters
creativity and benefits all Americans by advancing the arts and the
sciences. In recent decades, this mission has been undermined by
comically outdated information technology systems at the Copyright
Office.
My amendment makes a simple change to the underlying bill to ensure
that technology is always a part of the equation when selecting a new
Register of Copyrights. My amendment would require the Register of
Copyrights to be capable of identifying and supervising a chief
information officer.
The CIO or a similar official would be responsible for managing
information technology systems to advance the Copyright Office's
capabilities and keep pace with our 21st century economy. One would
assume that any qualified candidate for the Register of Copyrights has
the skills and experiences necessary to guide the Office's technology
office.
Why leave this vital aspect of the Copyright Office to assumptions?
Requiring the head of the Copyright Office to be ready to make this
vital selection is not an overly burdensome obligation. For practical
purposes, this capability is a necessity, and that is why my amendment
would make technology an explicit part of the selection process.
[[Page H2875]]
My amendment merely requires that the person who will serve as the
Register be capable of supervising the Office's chief information
officer. Whatever happens next as we move forward with modernization,
IT systems of the Copyright Office must keep pace with new advancements
in technology. If Congress expects real progress toward improving the
Copyright Office's technology, we must ensure that the leaders we
select are prepared for the job.
I thank my Judiciary Committee colleague, Ms. Lofgren. She made this
point in committee during the markup of this bill, and the language in
this amendment takes her suggestion a step further. It is a small
change to the underlying bill, but it sends a much-needed signal that
the work of the Copyright Office must include a focus on improving its
IT systems.
This is only the beginning of Congress' work to modernize the
Copyright Office. H.R. 1695 is a good first step, and I strongly
support the underlying bill, but any step forward toward modernization
must have IT improvements at the front of mind. I hope my colleagues
also support this change. I think it is a commonsense step.
Mr. Chairman, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Chairman, I claim the time in opposition to the
amendment, but I do not oppose the amendment.
The Acting CHAIR. Without objection, the gentleman from Virginia is
recognized for 5 minutes.
There was no objection.
Mr. GOODLATTE. Mr. Chairman, I rise to speak in support of the
amendment offered by Mr. Deutch. Mr. Deutch has been a strong supporter
of intellectual property as well as the modernization of the Copyright
Office during the House Judiciary Committee's copyright review.
{time} 1445
The needs of a modern copyright registration system require advanced
information technology systems, so it is critical that all future
Registers have a strong base of information technology knowledge within
the Office to lead such efforts. By requiring all future Registers to
have the skills necessary to identify and hire a chief information
officer or other similar official to lead such efforts within the
Office, the Deutch amendment ensures a strong Copyright Office. I want
to thank the gentleman for making this important contribution to the
legislation.
I neglected to mention earlier--I don't see him here now--but I also
want to thank the ranking member of the subcommittee, the gentleman
from New York (Mr. Nadler), for the important contributions he has made
to this legislation as well.
Mr. Chairman, I yield back the balance of my time.
Mr. DEUTCH. Mr. Chairman, I yield such time as he may consume to the
gentleman from Michigan (Mr. Conyers), the ranking member.
Mr. CONYERS. Mr. Chairman, I just want everyone to know that I rise
in support of this amendment. As we discovered through the Judiciary
Committee's comprehensive copyright review process, the Copyright
Office needs significant upgrades to its technology; so the gentleman's
amendment would ensure that the Register has someone on her staff with
the knowledge and skills necessary to bring the Copyright Office
information technology system into the 21st century.
It is a useful amendment. It will help modernize the Copyright
Office, and I appreciate the gentleman from Florida for offering it. I
urge total support for the amendment.
Mr. DEUTCH. Mr. Chairman, I thank my friend from Michigan. I
appreciate the strong support from Chairman Goodlatte, and I urge all
of my colleagues to support this good amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Deutch).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. GOODLATTE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Florida will
be postponed.
Amendment No. 2 Offered by Ms. Judy Chu of California
The Acting CHAIR. It is now in order to consider amendment No. 2
printed in House Report 115-95.
Ms. JUDY CHU of California. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill, add the following new section:
SEC. 3. CONSTRUCTION.
Nothing in this Act may be construed to impact the
mandatory deposit requirements in title 17, United States
Code.
The Acting CHAIR. Pursuant to House Resolution 275, the gentlewoman
from California (Ms. Judy Chu) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Ms. JUDY CHU of California. Mr. Chairman, I rise today in support of
H.R. 1695 and the amendment that I offer. This is a simple amendment
that specifies that the mandatory deposit requirement of the Library of
Congress will not be affected in any way by the underlying bill.
Currently, applicants for copyright registration are required to
submit two deposit copies to the Copyright Office. After the Office
reviews the material to determine whether it qualifies for copyright
protection, it makes the copies available for the Library for its use
in its permanent collection.
In fact, that is a large reason that the Copyright Office is located
in the Library of Congress to begin with. In 1870, Librarian Ainsworth
Rand Spofford convinced Congress that placing the Copyright Office in
the Library would help build its collection through deposits of
registered works, which it has done successfully.
In the digital age, many argue that the mandatory deposit requirement
should be modified in some way to better balance the needs of creators
and the Library. My amendment states that H.R. 1695 may not be
construed to impact the mandatory deposit requirement, and it makes
clear that this issue is for another day. Passing this amendment will
allow us to focus instead on the many benefits in turning the Register
into a Presidentially appointed, Senate-confirmed position.
The underlying bill is a result of more than 3 years of hearings,
listening tours, and dozens of conversations with a wide range of
stakeholders. The Judiciary Committee Members, led by Chairman
Goodlatte and Ranking Member John Conyers, all sat through hours of
hearings, and even traveled to different cities around the country to
hear from all of our stakeholders who are impacted by our copyright
policies.
As the Judiciary Committee finished its thorough review of the
Copyright Act, there was broad consensus that the Copyright Office
should be modernized and restructured so that it is more accountable to
Congress and to the public.
This is why I, along with Congressman Tom Marino, introduced a
bipartisan bill to carry out these changes. Our bill, the Copyright
Office for the Digital Economy Act, the CODE Act, would also put in
place a system similar to the one in H.R. 1695 to elevate the Register.
We introduced this bill 2 years ago, before the new Librarian was sworn
in and when President Obama was still in office. This has been a
bipartisan issue grounded on sound policy considerations.
I believe the changes proposed in H.R. 1695 will help improve the
functionality of the Copyright Office, which members of the public rely
on to protect their works or properly use copyrighted works. The core
copyright industries are now responsible for $1.2 trillion of our GDP,
which represents 7 percent of the economy. These industries also employ
5.5 million people.
We need to make sure the Copyright Office can modernize to meet the
demands of the growing industries in our country, and its leadership
that is accountable to Congress, which will help it move toward that
direction. I urge my colleagues to support the amendment and the
underlying bill.
Mr. Chairman, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Chairman, I claim the time in opposition to the
amendment, but I do not oppose the amendment.
[[Page H2876]]
The Acting CHAIR. Without objection, the gentleman from Virginia is
recognized for 5 minutes.
There was no objection.
Mr. GOODLATTE. Mr. Chairman, I rise in support of the amendment
offered by Ms. Judy Chu. She has been a strong advocate for the
protection of intellectual property as well as the modernization of the
Copyright Office during the House Judiciary Committee's copyright
review, and we miss her on the committee.
One of the issues that has been raised while we have discussed
updates to our Nation's copyright laws is the importance of preserving
our mandatory deposit system. The mandatory deposit system that exists
in our Nation's copyright law has resulted in numerous copyrighted
works being added to the collections of the Library of Congress at no
charge to taxpayers. Without the mandatory deposit system, the
Library's collections would be vastly smaller, without a significant
increase in taxpayer funding in order to buy these copyrighted works
that are now provided free to the Library.
Ms. Judy Chu's amendment ensures that this system is not disrupted as
the Register position is made subject to the nomination and consent
process, and I urge my colleagues to support the amendment.
Mr. Chairman, I yield back the balance of my time.
Ms. JUDY CHU of California. Mr. Chairman, I yield such time as he may
consume to the gentleman from Michigan (Mr. Conyers), the ranking
member of the Judiciary Committee.
Mr. CONYERS. Mr. Chairman, I thank the gentlewoman for yielding.
This amendment makes clear that nothing in the bill would impact the
Library of Congress' mandatory deposit requirement. For over 100 years,
the Library has built its world-class collection, in large part,
through the mandatory deposit requirement.
So H.R. 1695 is a very narrow bill that only changes how the Register
of Copyrights is selected. I think it is helpful, and I congratulate
the gentlewoman for this very creative amendment. I urge my colleagues
to support it.
Ms. JUDY CHU of California. Mr. Chairman, I yield back the balance of
my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from California (Ms. Judy Chu).
The amendment was agreed to.
Amendment No. 1 Offered by Mr. Deutch
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, the unfinished
business is the demand for a recorded vote on the amendment offered by
the gentleman from Florida (Mr. Deutch) on which further proceedings
were postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 410,
noes 14, not voting 6, as follows:
[Roll No. 226]
AYES--410
Abraham
Adams
Aderholt
Aguilar
Allen
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barragan
Barton
Bass
Beatty
Bera
Bergman
Beyer
Biggs
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Buck
Bucshon
Budd
Burgess
Bustos
Butterfield
Byrne
Calvert
Carbajal
Cardenas
Carter (GA)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Cheney
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Correa
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crist
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davidson
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Demings
Denham
Dent
DeSantis
DeSaulnier
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Duffy
Duncan (TN)
Dunn
Ellison
Emmer
Engel
Eshoo
Espaillat
Estes (KS)
Esty (CT)
Evans
Farenthold
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Gabbard
Gallego
Garamendi
Garrett
Gibbs
Gohmert
Gonzalez (TX)
Goodlatte
Gosar
Gottheimer
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hanabusa
Harper
Harris
Hartzler
Hastings
Heck
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Higgins (NY)
Hill
Himes
Holding
Hollingsworth
Hoyer
Hudson
Huffman
Huizenga
Hultgren
Hunter
Hurd
Issa
Jackson Lee
Jayapal
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (LA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jones
Jordan
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lewis (MN)
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marchant
Marshall
Massie
Mast
Matsui
McCarthy
McCaul
McClintock
McCollum
McEachin
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meeks
Meng
Messer
Mitchell
Moolenaar
Mooney (WV)
Moore
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Noem
Nolan
Norcross
Nunes
O'Halleran
O'Rourke
Olson
Palazzo
Pallone
Palmer
Panetta
Paulsen
Payne
Pearce
Pelosi
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pocan
Poe (TX)
Poliquin
Polis
Posey
Price (NC)
Quigley
Raskin
Ratcliffe
Reed
Reichert
Renacci
Rice (NY)
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Rosen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce (CA)
Ruiz
Ruppersberger
Russell
Rutherford
Ryan (OH)
Sanchez
Sanford
Sarbanes
Scalise
Schakowsky
Schiff
Schneider
Schrader
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Smucker
Soto
Speier
Stefanik
Stewart
Stivers
Suozzi
Swalwell (CA)
Takano
Taylor
Tenney
Thompson (CA)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin
NOES--14
Amash
Brady (PA)
Capuano
Doyle, Michael F.
Duncan (SC)
Fudge
Gaetz
Gallagher
Grothman
Lofgren
Richmond
Rokita
Rush
Thompson (MS)
NOT VOTING--6
Carson (IN)
Jeffries
Marino
Newhouse
Pascrell
Slaughter
{time} 1522
Ms. SANCHEZ, Messrs. GRAVES of Georgia, RODNEY DAVIS of Illinois,
SESSIONS, PALAZZO, AUSTIN SCOTT of Georgia, WILSON of South Carolina,
and BUTTERFIELD changed their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
The Acting CHAIR (Mr. Carter of Georgia). The question is on the
amendment in the nature of a substitute, as amended.
The amendment was agreed to.
The Acting CHAIR. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Hultgren) having assumed the chair, Mr. Carter of Georgia, Acting Chair
of the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R.
1695) to amend title 17, United States Code, to provide
[[Page H2877]]
additional responsibilities for the Register of Copyrights, and for
other purposes, and, pursuant to House Resolution 275, he reported the
bill back to the House with an amendment adopted in the Committee of
the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the amendment
reported from the Committee of the Whole?
If not, the question is on the amendment in the nature of a
substitute, as amended.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. GOODLATTE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 5-
minute vote on passage of the bill will be followed by a 5-minute vote
on the Speaker's approval of the Journal, if ordered.
The vote was taken by electronic device, and there were--yeas 378,
nays 48, not voting 4, as follows:
[Roll No. 227]
YEAS--378
Abraham
Aderholt
Aguilar
Allen
Amash
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barragan
Barton
Bass
Bera
Bergman
Beyer
Biggs
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blunt Rochester
Bonamici
Bost
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buchanan
Buck
Bucshon
Budd
Burgess
Bustos
Byrne
Calvert
Cardenas
Carson (IN)
Carter (GA)
Carter (TX)
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Cheney
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comer
Comstock
Conaway
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crist
Crowley
Cuellar
Culberson
Curbelo (FL)
Davidson
Davis, Danny
Davis, Rodney
Delaney
DeLauro
Demings
Denham
Dent
DeSantis
DesJarlais
Deutch
Diaz-Balart
Dingell
Doggett
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Ellison
Emmer
Engel
Espaillat
Estes (KS)
Esty (CT)
Evans
Farenthold
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foster
Foxx
Frankel (FL)
Franks (AZ)
Frelinghuysen
Gabbard
Gaetz
Gallagher
Gallego
Garamendi
Garrett
Gibbs
Gohmert
Gonzalez (TX)
Goodlatte
Gosar
Gottheimer
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green, Al
Green, Gene
Griffith
Grijalva
Grothman
Guthrie
Gutierrez
Hanabusa
Harper
Harris
Hartzler
Hastings
Heck
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Higgins (NY)
Hill
Himes
Holding
Hollingsworth
Hoyer
Hudson
Huizenga
Hultgren
Hunter
Hurd
Issa
Jackson Lee
Jayapal
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (LA)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jordan
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kelly (MS)
Kelly (PA)
Kennedy
Khanna
Kihuen
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger
Knight
Krishnamoorthi
Kuster (NH)
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
Lee
Levin
Lewis (GA)
Lewis (MN)
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Long
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
Lynch
MacArthur
Maloney, Carolyn B.
Maloney, Sean
Marchant
Marshall
Mast
McCarthy
McCaul
McClintock
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Meeks
Meng
Messer
Mitchell
Moolenaar
Mooney (WV)
Moore
Moulton
Mullin
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Noem
Nolan
Nunes
O'Halleran
O'Rourke
Olson
Palazzo
Pallone
Palmer
Panetta
Paulsen
Pearce
Perlmutter
Perry
Peters
Peterson
Pingree
Pittenger
Pocan
Poe (TX)
Poliquin
Posey
Quigley
Raskin
Ratcliffe
Reed
Reichert
Renacci
Rice (NY)
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Roybal-Allard
Royce (CA)
Ruiz
Ruppersberger
Russell
Rutherford
Sanchez
Sanford
Scalise
Schiff
Schneider
Schrader
Schweikert
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Smucker
Soto
Stefanik
Stewart
Stivers
Suozzi
Swalwell (CA)
Taylor
Tenney
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Walz
Wasserman Schultz
Waters, Maxine
Weber (TX)
Webster (FL)
Welch
Wenstrup
Westerman
Williams
Wilson (FL)
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin
NAYS--48
Adams
Beatty
Bishop (GA)
Blumenauer
Boyle, Brendan F.
Brady (PA)
Butterfield
Capuano
Carbajal
Cartwright
Clyburn
Connolly
Correa
Cummings
Davis (CA)
DeFazio
DeGette
DelBene
DeSaulnier
Doyle, Michael F.
Eshoo
Fudge
Huffman
Johnson (GA)
Jones
Lofgren
Massie
Matsui
McCollum
McEachin
Norcross
Payne
Pelosi
Polis
Price (NC)
Richmond
Rosen
Rush
Ryan (OH)
Sarbanes
Schakowsky
Scott (VA)
Shea-Porter
Speier
Takano
Thompson (CA)
Thompson (MS)
Watson Coleman
NOT VOTING--4
Marino
Newhouse
Pascrell
Slaughter
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining.
{time} 1532
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________