Copyright is a form of legal protection provided by the laws of the United States (Title 17, U.S. Code) to authors of literary, dramatic, musical, artistic, and other works. The Copyright Claims Officer has responsibilities and delegated authority for the oversight and administration of administrative proceedings involving civil copyright disputes pursuant to chapter 15, title 17 of the United States Code.
The competencies below are required for this position. Those marked with a double asterisk (**) are considered the most critical competencies for this position. A candidate's resume must show a proven record of accomplishment that clearly demonstrates he or she has: Ability to conduct or play a key role in hearings and/or conferences to facilitate the settlement of claims and counterclaims.** The successful candidate will have the ability to conduct or play a key role in hearings and/or conferences to facilitate the settlement of claims and counterclaims. This may include: 1) ensuring claims, counterclaims and defenses were properly asserted; 2) requesting or producing information and documents relevant to the resolution of legal matters; 3) managing proceedings and rendering rulings; 4) conducting hearings and conferences; and 5) ruling on motions and the admissibility of evidence; and 6) facilitating settlement and awarding monetary relief. Ability to conduct and/or manage legal research and prepare written analysis related to legal disputes/matters.** The successful candidate has conducted and/or managed legal research and prepared written analysis related to legal disputes/matters. Analysis was reflected in legal briefs and other written documents related to sophisticated legal and factual disputes. Work may have included the following: 1) planning, organizing and coordinating research projects related to various aspects of legal disputes or matters; 2) conducting and/or directing research on problems involving copyright claims or counterclaims; 3) evaluating evidence and interpreting testimony, regulations, statutory provisions, and past legal precedents of applicable circuits; 4) ensuring problems related to Title 17 are appropriately conceptualized and defined; 5) ensuring implications of legal research were identified and appropriate conclusions were drawn; and 6) generating and assessing legal alternatives and the consequences of choosing each alternative. Knowledge of copyright law.** The successful candidate has demonstrated substantial knowledge of copyright law and litigation. Ability to lead and supervise a diverse staff. The successful candidate has the ability to lead and supervise a diverse staff. Ability to interact collaboratively and serve as a liaison. The successful candidate has served as a liaison within and outside an organization to:1) provide and exchange information, including program requirements, 2) handle complex legal issues, 3) provide authoritative legal guidance, and 4) participate on boards, panels, committees, and/or special projects. Established and maintained effective working relationships through productive collaboration with staff, attorneys, managers and senior-level executives/policy-makers. Ability to communicate in writing and review the writing of others. The successful candidate has the ability to communicate in writing and review the writing of others. Ability to communicate effectively other than in writing. The successful candidate has the ability to speak clearly and with professional poise in both formal and informal settings to parties, members of the public, and peers to both provide and seek information. This includes providing information that is accurate, current, and complete. This also includes targeting the amount, style, and content of the information to the needs of the receiver; actively listening to and understanding information; and listening to and answering questions thoughtfully and completely.
The United States Copyright Office, located within the Library of Congress and under the direction of the Register of Copyrights, administers the Copyright Law, advises Congress and government agencies on legal and policy matters; provides international representation on copyright issues; administers the national copyright registration system; provides collections materials to the Library through voluntary registration and mandatory deposit programs; records documents relating to copyright chain of title; administers statutory license provisions of the law, including collecting and distributing royalties; maintains the world's largest database of copyright public records; and provides information and reference services to the public. Through the Copyright Claims Board, it also administers an efficient and user-friendly forum to decide lower-monetary value copyright claims for participants who have opted to have their disputes resolved by the Board. The position description numbers for this position is 409156. The salary range indicated reflects the locality pay adjustments for the Washington, D.C. Metropolitan Area. The incumbent of this position will work a flexitime work schedule. This is a supervisory, non-bargaining unit position. Applicants MUST be a graduate from a full course of study in a School of Law accredited by the American Bar Association and be a member in good standing of the bar of a state, District of Columbia, territory of the United States, or the Commonwealth of Puerto Rico. *Proof of education (copy of transcripts) and bar membership MUST be provided. OFFICIAL documents will be required if SELECTED. The applicant must be an attorney who has not fewer than 7 years of legal experience and must possess substantial experience in the evaluation, litigation, or adjudication of copyright infringement claims. The applicant must have represented or presided over a diversity of copyright interests, including those of both owners and users of copyrighted works. The applicant must also have not fewer than 3 years of substantial experience in copyright law. The Copyright Claims Officer independently renders determinations as a part of the Copyright Claims Board. For administrative purposes, the Copyright Claims Officer reports to the U.S. Copyright Office General Counsel. Has overall responsibility, as well as delegated authority, for the oversight and administration of broad, emerging, and/or critical agency programs or operations in the area of administrative proceedings including managing proceedings and issuing legally binding determinations related to civil copyright claims and defenses. Carries out all the responsibilities assigned to a Copyright Claims Officer in chapter 15 of title 17, United States Code. Conducts and oversees administrative proceedings to determine infringement or non-infringement under the Copyright Act, consistent with chapter 15 of title 17, United States Code. This includes, but is not limited to: (A) rendering determinations on the civil copyright claims, counterclaims, and defenses; (B) ensuring claims, counterclaims and defenses are properly asserted and otherwise appropriate for resolution by the Board; (C) managing proceedings and rendering rulings; (D) requesting the production of information and documents relevant to the resolution of matters; (E) conducting hearings and conferences; (F) facilitating settlement; (G) awarding monetary relief; (H) providing information to the public concerning the procedures and requirements of the Board; and (I) maintaining records of proceedings before the Board. Applies a comprehensive knowledge of a range of specialized areas of the law to the administration of the duties of the Copyright Claims Board. Makes determinations on legal and factual questions. Prepares and issues legally binding determinations authorized under chapter 15 of title 17 within the statutory or regulatory time limits. Issues decisions and memoranda, provides legal interpretations, and makes recommendations on issues involving title 17. Draws on an in-depth knowledge of the relevant history, trends, and current status of copyright issues and the role they play in the copyright and related industries to render decisions. Determines whether a plaintiff or defendant qualifies to have their claims heard before the Copyright Claims Board. Ensures petitions and pleadings are filed in accordance with regulations issued by the Copyright Office. Evaluates evidence, and interprets testimony, regulations, statutory provisions, and past legal precedents of applicable circuits, Copyright Office regulations and agency policies. Conducts proceedings, rules on motions and admissibility of evidence according to the rules governing these proceedings, administers oaths and examines witnesses, maintains order, and makes procedural rulings along with other Board members.