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We are pleased that the Office has proposed a solution that can be quickly implemented and takes a pragmatic approach by accepting deposits of identifying material to evaluate for registration. It is imperative that digital news publishers can reasonably and functionally access the full benefits of the copyright system, including the statutory remedies for infringement of their content.

Today’s notice is an important step, but not the end, of the process. The News/Media Alliance looks forward to commenting on the proposal and for the Office to swiftly finalize the rule so that publishers can make use of this group option. Building on past successful consultations in connection with the 2018 group newspaper registration rule, we will continue working with the Office to ensure the registration program meets the needs of media publishers. We look forward to further improvements once the outdated computer registration system is eventually updated, and commit to helping educate news publishers so that they may avail themselves of this new group option and comply with its requirements.

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On January 5, the News Media Alliance filed additional comments with the U.S. Copyright Office with regards to their Publishers’ Protections Study. The comments responded to arguments made by other parties in the initial round of comments and during the Office’s public roundtable, in addition to building on the Alliance’s initial comments and making additional recommendations for the Office’s consideration. The initial comments were due in November 2021, while the roundtable took place on December 9, 2021. The Alliance’s additional comments reiterated the urgency for action and urged the Office to analyze how the existing protections and exclusive rights available to American publishers relate to those available to European publishers under the EU Directive on Copyright in the Digital Single Market, and if the existing exceptions, limitations, and defenses are being read and applied too broadly. The comments also rebutted various arguments made by other commenters, including that the use of news content by online aggregators is fair use or not infringing in the first place. The comments also noted that the balance between news publishers and the platforms is askew, posing an existential risk for high-quality journalism. In order to further improve the sustainability of high-quality journalism, the comments included four additional recommendations for the Office to consider: amending the Copyright Office’s policies and documents regarding the copyrightability of “words and short phrases”, clarifying the law around substantial takings and systematic use of news content, studying the need for sui generis protections for news publishers, and studying the need for further guidance or congressional action with regards to the use of news content for artificial intelligence applications. The Copyright Office is conducting the study following a request by Senator Thom Tillis (R-NC) and other Senators and is expected to issue a report later this year. Read the Alliance’s full additional comments here.

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On December 9, the U.S. Copyright Office held a roundtable regarding its Study on Ancillary Copyright Protections for Publishers. The roundtable consisted of three panels, focusing on the main topics highlighted in the Office’s original Notice of Inquiry. The Alliance was represented in all three panels, in addition to attendance by Professor Jane Ginsburg and economist Hal Singer who supported the Alliance’s positions. The Alliance highlighted the current state of the news media industry in the United States and the detrimental effect news aggregators and online platforms have on news publishers, in addition to emphasizing the need for action. In particular, the Alliance noted the need for the Copyright Office to change its policy statements on words and short phrases, to develop a way for publishers to register dynamic web content, and for the Congress to pass the Journalism Competition and Preservation Act. Some other participants, including those representing the big tech companies, argued that the issue is not of copyright but competition law and therefore not within the Copyright Office’s purview. The Copyright Office initiated the study following a request from Congress, with the aim of completing it by May 2022. The Office is accepting additional written comments from stakeholders until January 5. Read the Alliance’s initial comments here and more about the study here.

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