Congress Just Rushed Through A Disastrous Copyright Office Overhaul

In the quiet corridors of the House of Representatives, a bill slipped through with barely a whisper of opposition. H.R. 6028, the "Legislative Branch Agencies Clarification Act," has been hailed as a technical reorganization of government agencies, but it's a Trojan horse of a different kind. The bill's true intention is to fundamentally alter the U.S. Copyright Office, and the consequences will be catastrophic for creators, innovators, and the public at large.

The Copyright Office's record on copyright policy debates is checkered at best. It has consistently prioritized the interests of large entertainment-industry players over the public good. The office's recent report on AI and fair use was a perfect example of this bias, peddling private licensing market "solutions" that erode user rights. And let's not forget the office's enthusiastic support for the Stop Online Piracy Act (SOPA), a draconian internet censorship proposal that sparked one of the largest online protests in history. These actions demonstrate a troubling pattern of favoritism towards corporate interests.

H.R. 6028 would transfer several powers from the Library of Congress to the Register of Copyrights, making the Register a presidential appointee confirmed by the Senate. This move would cement the Copyright Office's influence in copyright policy debates, rendering it an even more powerful force in shaping the digital landscape. The office would have unfettered authority to make decisions that impact free expression, libraries, educators, competition, and everyday internet users. This is a recipe for disaster, as the office has consistently demonstrated a lack of neutrality in its decision-making.

The Copyright Office plays a critical role in the Digital Millennium Copyright Act (DMCA) Section 1201 rulemaking process, determining when the public may lawfully bypass digital locks for activities such as security research, repair, preservation, or accessibility. EFF has successfully used this process to mitigate some of the worst harms of the DMCA. However, H.R. 6028 would transfer rulemaking authority over 1201 from the Librarian of Congress to the Register of Copyrights, further consolidating power within the Copyright Office. This would give the Register unchecked authority to dictate the terms of digital locks, stifling innovation and creativity.

The Senate has a critical role to play in rejecting this bill and safeguarding the public interest. The Copyright Office's actions have far-reaching implications for creators, innovators, and the public at large. If H.R. 6028 becomes law, we can expect a continued erosion of user rights, further consolidation of power in the hands of corporate interests, and a stifling of innovation and creativity. The Senate must act swiftly to prevent this disaster from unfolding.

I predict that if H.R. 6028 becomes law, we will see a significant increase in copyright infringement claims, as the Copyright Office's biased decision-making process would lead to overly broad interpretations of copyright law. This would have a chilling effect on free expression, as creators and innovators would be forced to navigate a complex and treacherous landscape of copyright regulations. The consequences would be far-reaching, and the damage would be irreparable.

The Senate must reject H.R. 6028 and protect the public interest.