U.S. Copyright Office
Strategic Plan 2002-2006

Part 4 Performance Goals, Means, and Actions

1 -- Copyright Law Administration

Goal: Carry out the administrative functions of copyright and related laws embodied in title 17 to provide benefit to the public.

Objective 1.1: Registration

Provide a timely and effective system to register claims to copyright and other forms of intellectual property in title 17 and provide a public record of registrations.

Registration (section 408 of title 17) involves receiving copyright applications, deposited works and fees; ensuring proper payment and accounting for registration services; examining submitted works for copyrightability; issuing certificates of registration to copyright owners; and providing a public record of copyright ownership.

Performance Goal

The performance goal for this objective is to promote efficiency and timeliness in registration processing, to be measured by cycle times for the issuance of registration certificates and the preparation and making available of online records. These cycle times will be set in Annual Program Performance Plan targets.

Means

(See also the description of "Means" under Business Process Reengineering.)

The means to accomplish this objective include implementation of the BPR plan and maintenance of the Copyright Office Electronic Registration, Recordation and Deposit System (CORDS).

Among the BPR plan's key features for registration and accounts are:

CORDS - The Copyright Office Electronic Registration, Recordation and Deposit System (CORDS) is the Copyright Office's existing project for electronic submissions. The U.S. Copyright Office, the Library of Congress, and the Corporation for National Research Initiatives (CNRI) have been cooperating on the development of the CORDS testbed. The goal of the CORDS project has been to develop and test a system for copyright registration with copyright applications and copies of works transmitted in digital form over communications networks such as the Internet. The electronic system enables copyright applicants to prepare their copyright applications and deposit materials in machine-readable formats, to sign their submissions digitally using public key encryption technology, and to send applications, deposits, and documents securely to the Copyright Office via the Internet. This system enables the Copyright Office to:

The system provides service to cooperating test partners wishing to submit textual and music files. Over 5 percent of current receipts are through CORDS. Future work on CORDS will be assessed as part of the IT strategy development and incorporated in, or modified for, the new IT systems as appropriate.

Actions

(See also Business Process Reengineering )

FY2002
FY2002-2004
FY2002-2006

Objective 1.2: Recordation

Provide a timely and effective system to record documents assigning rights relating to copyright and other title 17 protections and prepare a public record of these actions.

Recordation (section 205) involves making a public record of documents relating to a copyright, primarily transfers of ownership and security interests. The process includes receiving documents, verifying that documents are recordable, issuing certificates of recordation, providing a public record of such ownership, and collecting fees for recordation services.

Performance Goal

The performance goal for this objective is to promote efficiency and timeliness in recordation processing, to be measured by cycle times for issuing recordation certificates, returning original documents to submitters, and preparing and making available public online records. These cycle times will be set in the Annual Program Performance Plan targets.

Means

(See also the description of "Means" under Business Process Reengineering.)

The means to accomplish this objective include implementation of the BPR plan. Among the BPR plan's key features for recordation are:

Actions

(See also Business Process Reengineering.)

FY2002-2004

Implement BPR plan for "Record Document" process.

FY2002-2006

Reduce cycle times toward targets in BPR plans for recordations and creation of records.

Objective 1.3: Mandatory Deposit

Provide a timely and effective system for non-registered deposit of published copyrighted works to the Library of Congress to sustain the high quality of its collections.

Mandatory deposit (section 407) provides for the deposit of copyrighted works for the use of the Library of Congress, without copyright registration. The process includes receiving requests from Library Recommending Officers; communicating with publishers and copyright owners, in particular where the Library wants a copyright owner's works, but the owner has not deposited them; issuing request and demand letters; receiving deposited works; and creating a record of the works received through voluntary and demand deposit.

Performance Goal

The performance goal of this objective is to promote effective processing of mandatory deposits and compliance with mandatory deposit provisions of title 17, to be measured by optimum processing times, monitoring and ensuring depository compliance through systematic reviews of copyright owners, and follow-up monitorings.

Means

(See also the description of "Means" under Business Process Reengineering.)

The means to accomplish this objective include implementation of the BPR plan. Among the BPR plan's key features for mandatory deposit are:

The Office will also continue communication with copyright owners to promote voluntary compliance and refer to the Department of Justice for legal action those cases of repeated non-compliance.

Actions

(See also Business Process Reengineering.)

FY2002-2006
FY2002-2004

Objective 1.4: Statutory Licenses and Obligations and the CARP System

Administer title 17 licensing provisions and ensure timely and effective receipt and distribution of royalties.

Statutory licenses (Chapters 1 and 10 of title 17) involve receiving and disbursing royalty funds and recording licensing documents, in accordance with statutory licenses and obligations, and maintaining public records relating to such royalty funds. The Office oversees the administration of the following licenses and statutory obligation:

The Office also oversees Copyright Arbitration Royalty Panels (CARPs), which determine rates and terms of the compulsory licenses and distribution of royalties for certain of the compulsory licenses, subject to the recommendation of the Register of Copyrights and the final determination of the Librarian of Congress.

Performance Goal

The performance goal for this objective is to administer provisions of the statutory licenses for the mutual benefit of licensees and copyright owners by timely processing, accurate examination of statements of account, efficient cycle times, sound financial management, and on-time fund transfers.

Means

The means to accomplish this objective include:

Actions

FY2002
FY2002-2006

Evaluative Methods for Goal 1

2 -- Policy Assistance, Regulatory Activities, and Litigation

Goal: Formulate and provide expert advice to Congress, executive branch agencies, courts, and international entities in furtherance of maintaining a strong and effective national and international copyright system.

Objective 2.1: Expert Advice (Congress)

Serve the needs of Congress for expert assistance on copyright and related issues.

Performance Goal

The performance goal for this objective is to provide thorough and timely technical and legal advice on copyright issues, meeting congressional requests and timetables.

Means

The means to accomplish this objective include:

Actions

FY2002-2006
FY2003

Objective 2.2: Expert Advice (Executive Branch)

Provide policy and technical assistance to the executive branch in international and national copyright matters to encourage effective copyright laws and enforcement nationally and internationally.

Performance Goal

The performance goal for this objective is to provide thorough and timely expert advice on international and domestic copyright issues to executive branch agencies.

Means

The means to accomplish this objective include:

Four areas of international activity support accomplishment of this objective:

Multilateral negotiations
Trade agreements

The Copyright Office participates in the development and implementation of WTO obligations, the ongoing work of WIPO, and the WTO Council on TRIPS (Trade Related aspects of Intellectual Property rights). Included are meetings on the protection of folklore, databases, and broadcasters, as well as the continuing effort to review the intellectual property laws of developing country members for compliance with TRIPS obligations.

Copyright Office policy and international staff are members of the U.S. delegations to the Intellectual Property Negotiating Group of the Free Trade Area of the Americas. The goal of the negotiating group is to prepare and finalize an IP chapter for a Free Trade Area of the Americas Agreement. Staff were instrumental in drafting U.S. treaty proposals.

The Office is participating in the drafting and negotiation of intellectual property provisions for free-trade agreements with Chile and Singapore.

Bilateral consultations and negotiations

The United States interacts with individual countries in two areas that may result in Copyright Office involvement: trade agreements in which there is an intellectual property component and discussions and agreements focused on intellectual property issues, including level of enforcement.

Special 301

The U.S. government reviews countries' intellectual property protections. The Copyright Office is on the interagency Special 301 Committee, which considers and evaluates the adequacy and effectiveness of intellectual property protection and enforcement throughout the world.

Actions

Most actions require multi-year participation in negotiations.

FY 2002-2006
Unscheduled (these actions may be necessary)

Objective 2.3: Rulemaking and Regulations

Carry out responsibilities mandated by Congress by conducting rulemaking proceedings, adopting necessary regulations to implement title 17, and informing the public.

Performance Goal

The performance goal for this objective is to fulfill the Copyright Office's general regulatory role as specified in title 17 or in specific copyright legislation according to timetables set by Congress.

Title 17 U.S.C. places numerous regulatory responsibilities on the Copyright Office. As title 17 is amended, new responsibilities are added. For example, the Digital Millennium Copyright Act (DMCA) created ongoing regulatory duties for the Copyright Office. The major ongoing regulatory requirements are contained in Chapter 12 of the copyright statute, which addresses technological protection and management systems for copyrighted works. Section 1201(a)(1) makes it unlawful to circumvent a technological measure that effectively controls access to a copyrighted work. However, the prohibition against circumvention does not apply to users of a copyrighted work that is in a particular class of works if those users are, or are likely to be in the succeeding 3-year period, adversely affected by the prohibition in their ability to make noninfringing uses of that particular class of works. The determination of what classes of works, if any, are subject to this exception is made by the Librarian of Congress on the recommendation of the Register of Copyrights, who conducts a rulemaking proceeding to identify any such classes of works. The initial rulemaking was completed on October 27, 2000. A rulemaking must be conducted every three years, with preliminary work in the intervening years.

Means

The means to accomplish this objective include:

Actions

FY2002-2006
FY2002
FY2003-FY2004 and every successive third year

Objective 2.4: Litigation

Assist the executive branch and the courts with copyright and related litigation.

Performance Goal

The performance goal for this objective is to provide timely and thorough advice and assistance to executive branch agencies and the courts in legal cases involving copyright and related issues.

Means

The means to accomplish this objective include involvement in litigation in five different contexts:

Actions

FY2002-2006

Evaluative Methods for Goal 2

3 -- Public Information and Education

Goal: Be an effective voice for the principles of copyright, which benefit the public, by providing information and informing the public debate on copyright issues.

Objective 3.1: Provision of Information

Provide copyright information and reference services to the public in a timely and efficient manner.

Performance Goal

The performance goal for this objective is to make information maximally accessible, particularly on the Office's website, and to respond within optimum time frames to requests for copyright information, records, documents, and search reports.

Means

(See also the description of "Means" under Business Process Reengineering.)

The means to accomplish this objective include implementation of the BPR plan. Among the BPR plan's key features for public information are:

The Office will continue to improve its response to in-person and telephone requests.

Actions

FY2002
FY2002-2004

Objective 3.2: Outreach

Provide public outreach through speakers, tours, exhibits, and other means.

Performance Goal

The performance goal for this objective is to conduct public outreach regarding Copyright Office services and the provisions of the copyright law, as well as to inform the public debate on copyright issues in various forums and media.

Means

The means to accomplish this objective include:

· continued public outreach on ways to ensure that the Copyright Office's principal services are meeting the needs of the public, e.g. meetings with copyright constituencies to resolve registration issues for specific formats such as photographs, web sites, databases, etc.;

· increased public outreach to inform the public debate on copyright law and the role of copyright in the digital age, e.g. use of senior policy staff as participants in the public debate on copyright principles through speaking and writing on copyright issues.

Actions

FY2002-2006

Evaluative Methods for Goal 3

4 -- Management

Goal: Maintain an organization and workforce that perform effectively.

Objective 4.1: Workforce Development

Recruit, train, and develop employees for effective performance.

Performance Goal

The performance goal for this objective is to maintain a Copyright Office workforce that meets the Office's mission requirements by providing training and development opportunities for staff.

Means

The means to accomplish this objective include:

Actions

(See also Business Process Reengineering.)

FY2002
FY2000-2005

Objective 4.2: Management Controls and Support

Maintain effective management controls and support to comply with applicable laws, to safeguard assets, to provide proper funds accounting, and to carry out efficient, effective, and economical copyright programs.

Performance Goal

The performance goal for this objective is to make optimal use of management controls and support options to ensure efficient and fiscally sound operations.

Means

The means to accomplish this objective include:

Actions

FY2002-2006 (to be performed annually)
FY2002
FY2002-2004
FY2003-2006

Objective 4.3: Workplace Safety and Functionality

Ensure effective maintenance of safety, functionality, and personal security in the workplace.

Performance Goal

The performance goal for this objective is to implement the requirements of Library of Congress ergonomic, safety, and facility plans by timely completion of ergonomic upgrades, correction of safety issues, and completion of space and furnishing priorities.

Means

The means to accomplish this objective include:

Actions

FY2002
FY2002-2004
FY2003-2004
FY2003-2006

Evaluative Methods for Goal 4


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