The U.S. Copyright Office and Why It Matters

The US Copyright Office: Housed within the Library of Congress, the US Copyright Office (USCO) is the United States government body that creates and maintains records of copyright registrations and other transactions, provides deposit copies of registered works to the Library of Congress, provides copyright information to the public, and provides expert advice to Congress, the Judiciary, and federal agencies. Although the USCO is part of the Legislative branch, many of its activities are subject to the Administrative Procedures Act (APA) rules that govern executive agencies. The USCO administers the triennial DMCA rule making, is home to the Copyright Claims Board small claims court, and advises the Copyright Royalty Board.

Why it matters: The Copyright Office plays a substantial role in copyright policy and practice. Its records represent one of the most exhaustive troves of information about creativity in the history of the world. The Office also plays a role in protecting the public domain by evaluating registration applications to ensure works meet the legal threshold for originality and human creativity. Citing the constitutional requirement of human authorship, the Office will not register copyright for works created entirely by artificial intelligence, animals, or divine beings. While the Office’s policy studies can inform public debate and congressional deliberations, neither courts nor congress are bound to follow their recommendations. Before Chevron was overruled, Courts generally did not give the USCO’s statutory interpretations “Chevron deference.”

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