Post on 31-May-2018
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Annuth R
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the Re
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Content
1 A Message from th
5 Copyright in the P
9 Copyright Law Ad
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f
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Second is our policy and legal activiwe spent considerable time searching for
licensing scheme for legitimate online m
the various interested parties (music pub
services, songwriters, and performing ri
that was the subject of a House hearing a
in a Senate hearing on this issue Follow
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Once again the staff of the Offi ce performed where speak for themselves. Next year even greater c
confident that the talented and dedicated staff of th
M
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Co
i th
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decision should be very helpful to the Uwith other countries about updating the
digital networked environment that con
infringement is a major problem abroad
beneficial side effect of the publici
helped to bring the issue of illegal file sh
more difficult for defenders of the practi
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i i
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2005, the average time to issue a certificato complete registration records was 55 d
Preregistration
The President signed the Family Entertai
09 9 on April 27 2005 This legislation a
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Reconsiderations of Denial of Registration
During Fiscal Year 2005, the Examining Division h
reconsideration (formerly called appeals) coverin
to register, 93 claims (33 percent) were reversed up
During Fiscal Year 2005, the Copyright Offi ce
and make final administrative determinations on
the Examining Divisions refusals to register works
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submits the Copyright Offi ce Litigation involving the copyrighted work; or (3) th
reproduction of a deposited article, facsi
the subject of litigation in its jurisdiction
The Information and Reference Div
produced 5,054 copies of certificates of r
previous year During the fiscal year the
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Vessel Hull Designs
The Vessel Hull Design Protection Act was signed
of the Digital Millennium Copyright Act (DMCA)
of an original vessel hull design certain exclusive ri
registration of the design with the Copyright Offi c
design being made public.
The Office received 74 applications for registra
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only under the titles appearing in the expractice that allowed a party to attach a
purpose of indexing has been discontinu
practice governing the redaction of docu
permit some redaction of documents, bu
redaction since constructive notice is lim
recorded Moreover the Copyright Offic
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These copies are deposited with the CopyrightCongress in its collections or for exchange or trans
Acquisitions Division (CAD) acquires from publish
Congress collections when those works have not b
or voluntary deposits sent in
compliance with the mandatory
deposit requirement The
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Some of these statutory licenses requfunds with the Copyright Offi ce. Statuto
of 976, Pub. L. No. 94-553, 90 Stat. 254
icensing Division dates from 978 when
R
have
CongLicensing Division
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division also pursued several internal measures to workflow and quicker public availability of comple
Royalty Fee Distributions
The Copyright Offi ce distributes royalties collected
of the copyright law These distributions are made
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Compulsory License Administration
Up to 2005, when the Copyright Royalty
CARPs determined distribution of royal
cable and satellite licenses and for DART
controversies among themselves. CARP
and conditions of payment. A CARP pan
During fiscal year 2005 the Copyrig
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notice seeking comment on the former petition anfile a Notice of Intent to Participate in a Copyright
rate adjustment proceeding. The notice also design
the parties to negotiate a new rate schedule. At the
Offi ce received one agreement submitted jointly by
who filed notices of intent to participate in this pro
amending the basic royalty rates and the gross rece
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the agreement adjusting the rates for analog signalfor the private home viewing of distant superstatio
for the 20052009 period, as well as the viewing of
establishments. The agreement specifies that distan
stations that are significantly viewed do not require
consistent with 7 USC 9(a)(3), as amended. In
that in the case of multicasting of digital superstat
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distributed to an Independent AdministRecordings Fund, the amount allocated b
Nonfeatured Vocalists subfunds.
Similar distributions were made in t
two distributions of royalties of the 2003
agreements among the interested copyri
to the Featured Recording Artists subfun
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and terms under 4(f)(2) and 2(e) for the 200The notice also announced that pursuant to the Ac
on December 3, 2004, under 4(f)(2) and 2(e
eligible nonsubscription services, and services exem
Copyright Act, and the rates and terms published i
authority of the Small Webcaster Settlement Act of
least for 2005 or until they have been set under ne
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Claims Filed for Royalty Fees
The Copyright Offi ce received and proce
entitled to receive royalty fees generated
during calendar year 2004 under the ter
anuary and February of 2005, the Offi ce
With the passage of the Copyright Royal
Copyright Royalty Judges assumed juris
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of
C
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refusals to register not only copyright cladesign claims, and it changed the name
the Review Board.
Preregistration of Certain Unpublish
On J l 22 2005 p rs ant to the Artists
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applicant meet the other regulatory requirements fphotographs. The amended regulation also clarifie
given for each photograph may be identified in a te
that contains the photographic images or on a list
provides the publication date for each image.
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mail or hand deliver its claim to the Offi ce during t
year since 2002, however, the Offi ce had waived its
several additional means for delivering a cable, sate
including online submission of the claim, or in the
submission. The Offi ce took this action in respons
caused by the threat of anthrax-contaminated mail
f il d t th di i f il t ff it l
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passed to the CRJs on May 3, 2005, the
the Copyright Royalty Board issued its o
Consequently, on July , 2005, the Offi ce
removing from the CARP rules the secti
and DART claims (70 38022).
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covers the payment periods; and make technical ch
requirements apply only to preexisting subscriptio
Cost of Living Adjustment for Performance of
Compositions by Colleges and Universities
E h th C i ht Offi dj t th t f
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Protecting copyright and innovation
28, 2005
Before the Subcommittee on Intellectual P
Judiciary
Piracy of intellectual property on M
M i li i f J l
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to reproduce and distribute musical works as embo
digital phonorecord deliveries. The Copyright Offi
written, is insuffi cient to address, and in some case
realities of online music distribution and the contin
of the music industry agrees. On March 8, 2005, re
songwriters, music publishers, and digital music se
th H S b itt C t th I t t
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induces others to engage in copyright in
for that infringement, thereby encouragi
within the music industry that will ultim
it easier to obtain music online legitimat
foreign court decisions demonstrate a gr
those who induce infringement can be h
d th t th li h d l h l d t
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the parties, to seek a written determination from th
questions of substantive law. In such cases, the CRJ
interpretation. The Register may also review the fin
legal error in the resolution of material questions o
Registers review may not affect the result in a part
substantive law made in the Registers review shall
C i ht R lt J d i b t di
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Family Entertainment and Copyright Act of
On April 27, 2005, the President signed i
Copyright Act (FECA), Pub. L. No. 09-
parts of FECA. FECA consists of four tit
Title I, the Artists Rights and The P
the criminal code (title 8 of the United
it i i l ff t k i l fil
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the performances portions of the audio and/or vid
that they believe would be offensive.
Title III of FECA consists of the National Film
reauthorizes the activities of the Library of Congre
Board, and the National Film Preservation Founda
which reauthorizes the activities of the National Fi
Titl IV f FECA th P ti f O h W
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classroom, and modified the existing de
only with respect to print educational m
such materials are distributed exclusively
disabilities.
Satellite Home Viewer Extension and Reauth
O D b 8 h P id i
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Study on Statutory Licensing
The Satellite Home Viewer Extension and Reautho
08-447, requires the Copyright Offi ce to conduct t
licensing and report its findings to the Committee
Representatives and the Committee on the Judiciar
the end of 2005, requires the Offi ce to examine sele
l d i h if ff i d h
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Section 108 Study Group
The Copyright Offi ce and the Library of
Infrastructure and Preservation Program
began its work in mid-2005. The Section
public-sector and private-sector copyrig
digital world the copyright laws balance
d h d f lib i d
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Protection against unauthorized use of a copyr
primarily on the national laws of that country. Mos
foreign works under the aegis of international copy
The Copyright Offi ce continued to work in tan
on international matters, particularly with the Uni
(USTR), the Patent and Trademark Offi ce (USPTO
C
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the Convention on Cultural Diversity, th
and Related Rights, and the Intergovern
Throughout the year, staff actively pa
negotiations and consultations with doze
those held with Brazil, Canada, China, Jap
Korea, Taiwan, Thailand, Ukraine, and th
f i h l i i F
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For five days beginning September 8, the Regist
interviews in Brazil as part of the State Department
presentation at the National Library of Brazil on th
to copyright law. At SENAC University in Sao Paul
two-day seminar on intellectual property for 350 re
media, publishing, and author communities. At the
i i h d di i l i d
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L i t i g a t i o n
lthough the Offi ce does not enforce the
litigation in several ways. It can choose t
registration has been refused. It may be s
It may be asked to participate in litigatio
i b i f i f i l
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Circuit misconstrued Sony as aper se rule, the cou
Alternatively, the government argued, liability coul
active inducement of infringement by the users of
On June 27, 2005, the Supreme Court reversed
the case for further findings of fact. The Court fou
misconstrued the Sony decision when it failed to co
f h d d d f b
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The Supreme Court granted certiora
amicus brief on August 4. Oral argumen
Recording Industry Association of Amer
Communications, Inc.
h d d f
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of the part numbers. On appeal early in 2003, a diffe
distinguished the earlier panels decision and held th
a finding of copyrightability in the part numbers, re
The entire court of appeals then granted rehearing o
assisted the Justice Department in preparing an am
reiterating the position that individual part number
b h f l
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The case was argued on February 7,
pril 8, 2005, affi rming the district court
rejection of their claims was not arbitrar
court also found no basis on which to s
regulations to bar the studios claims as u
entirely unpersuasive the studios argum
h
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Beethoven.com v. Librarian of Congress
On July 8, 2002, the Librarian announced a final ru
copyright license rates for eligible nonsubscription
transmissions by new subscription services made b
statutory license that provides for public performa
of digital audio transmissions. Three separate grou
h d f l f h
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Lucks Music Library, Inc. v. Gonzalez
s is related in the Annual Report for Fi
Court for the District of Columbia dism
the Attorney General and the Register o
that 54 of the Uruguay Round Agreem
works (as codified in 7 USC 04A), vio
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various formalities such as copyright notice and re
and the Copyright Clause of the Constitution. On
granted the governments motion to dismiss for fai
relief may be granted, rejecting all of the plaintiffs
plaintiffs are appealing that decision to the United
Ninth Circuit.
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On August 30, 2005, the court of ap
Taylor Gis, Inc., 42 F.3d 99. The court
registrable under the Offi ces group regis
single work because they were included
concluded that the particular garden roc
reversed the judgment of the district cou
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expressly claiming authorship in settlement prices
withdrew those applications and submitted new ap
authorship. However, the subsequent infringemen
individual prices. At the hearing on the defendant
it was suggested that the Register of Copyrights sh
lawsuit and given an opportunity to intervene und
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239A, the antibootlegging statute that m
performance without the consent of the p
copies or phonorecords of such recording
recordings at his record store. The district
because it violates the Copyright Clause b
(live performances) for an unlimited time
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registration. Based on this requested relief, the Reg
her decision to deny registration. Shortly aer the
defendants decided to settle the litigation and dism
Planesiv. Peters
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The plaintiff filed this action in Dece
for the Northern District of California. T
or in the alternative for summary judgm
the plaintiff lacks specific injury to confe
decide the issues presented. The governm
fail as a matter of law because the availab
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complaint. The court held that Congress had veste
such decisions in the United States Court of Appea
Circuit and stated that if Ms. Borset wished to pur
seek relief in that court.
Register of Copyrights v. Kenneth Hornak, dba Edi
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cy r
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The website received numerous add
including:
A section devoted to historical docu
Registers of Copyright; annual repor
post earlier additional annual report
reports; and copyright lore and artic
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Awareness Week kick-off activities at the Library a
and goals of Copyright Awareness Week among m
Jefferson Patterson Junior Fellows Summer Int
The Copyright Offi ce served as cosponsor of the Li
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Public Information Outputs
In Fiscal Year 2005, the Offi ce overall res
Non-Fee Reference Services
in thousands
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Freedom of Information Act (FOIA)
The Offi ce received and responded to 50 requests u
year. Although several of these requests sought info
available or that is under the control of the Library
responded to the requests or referred them to the L
the General Counsel also received one appeal from
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On June 6, 2005, the Information T
an external consultative group of IT ind
IT implem
Copyrigh
assessme
The Three Fronts Supporting
Reengineered Processes
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Offi ce facilities, including master schedu
assigned a full-time senior and junior de
In late September 2005, the Library
construction documents for the Offi ces
Following a final review and revisions, th
ready for contractor bidding.
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During FY 2005, the Offi ce provided reenginee
House and Senate Appropriations Committees staff
Committee, American Intellectual Property Law A
and staff throughout the Library of Congress and t
Training
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sessions, in each of which a small group
vice versa.
By the end of FY 2005, the position d
completed for the new position of Train
position was posted at the end of the fisc
FY 2006.
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for a future pilot in which registration claims, inclu
and deposits in electronic formats, will be received
Selection Pilot
Selection is the process of deciding whether mater
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Public Records of the Future
On March 4, 2005, the Register of Copy
Decisions Concerning the Recommenda
Records Requirements in response to an
copyright records made by the Online Pu
group developing the future public view
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The Library scheduled the mainframe computer fo
2005. The Offi ce decided to use Voyager, the same
Integrated Library System, to maintain its records
The value of using Voyager is that it provides f
Copyright Offi ce records by keyword and for previ
will also hold all Copyright Offi ce records in one d
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experience gained from the CORDS syst
development of the new web-based syste
Copyright Office In-process System (C
The Offi ce provided user support during
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Security
The Offi ces initiatives stem from the Library of Co
studies, and risk assessments. The Security Plan di
Strategic Plan and provides a comprehensive fram
related initiatives, programs and activities.
In FY 2005, the Offi ce reported a small numbe
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egisters Testimon
Testimony before
Committee on th
Testimony before
roperty of the H
21, 2005)
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Rate Adjustment for the Satellite Car
rulemaking (70fr 3656, January 26, 2
Digital Performance Right in Sound R
termination of proceeding and curre
Reconsideration Procedure: Final rule
11, 2005)
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Filing of Claims for Cable, Satellite and DART Ro
(70fr 38022, July 1, 2005)
Copyright Rules and Regulations: Statements of
amendments (70fr 8022, July 1, 2005)
Satellite Home Viewer Extension and Reauthori
(70fr 39343, July 7, 2005)
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Registrations, 17902005
17901869 150,000 B
1870 5,600
1871 12,688
1872 14,164
1873 15 352
1904 104,4
1905 114,7
1906 118,7
1907 124,8
1908 120 6
Date Total Date To
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Number of Registrations by Subject Matter, F
Category of Material
Nondramatic literary works:
onographs and computer-related works
erials:
Serials (non-group)
Group Daily Newspapers
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Fee Receipts and Interest, Fiscal Yea
Fees
Copyright registrations
Mask works registrations
Vessel hull design registrations
Renewal registrations
Subtotal
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Estimated Value of Materials Transferred to tof Congress, Fiscal Year 2005
egistered
works
ransferred to
other Library
epartments
Non-
registration
works
transferred to
ther Library
departments
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Non-Fee Information Services to Pu
Information and Reference Division direct referen
In person
By correspondence
By email
By telephone
Total
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Financial Statement of Royalty Fees for Compfor Secondary Transmission by Cable Systems
Royalty fees deposited
Interest income
Gain on matured securities
Transfers in
Total
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Financial Statement of Royalty Feesfor Distribution of Digital Audio Re
Calendar Year 2004
Royalty fees deposited
Interest income
Gain on matured securities
Transfers in
Total
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Financial Statement of Royalty Fees for StatuSecondary Transmission by Satellite Carriers
Royalty fees deposited
Interest income
Gain on matured securities
Total
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94/98
C o p y r i g h t O f f i c e C
U. S. Copyright Offi ce
ibrary of Congress
0 Independence Avenue SE
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International Copyright Treaties
an
n
u
a
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Libraryof CongressUnitedStatesCopyright Office0 IndependenceAvenueSEWashington, DC 20559-6000
www.copyright.gov
International Copyright Treaties
a n d C o n v e n t i o n s
Protection against unauthorized use of a copyrighted work in a country depends
primarily on the national laws of that country. Most countries offer protection to
foreign works under the aegis of international copyright treaties and conventions.
TreatiesandConventions
Berne Convention the leading international agreement that sets standards for
protecting literary and artistic works
Bilateral a unique agreement on copyright protection between the United States
and another country
Geneva Phonograms Convention known as the Geneva Convention, sets
standards for protection of sound recordings against piracy
Universal Copyright Convention(UCC) an international agreement that sets
standards for protecting literary and artistic works, largely superseded by Berne
WIPO Copyright Treaty(WCT) an international treaty setting standards for
protection of works in digital format
WIPO Performances and Phonograms Treaty (WPPT) an international agreement
setting standards for protection of sound recordings
World Trade Organization(WTO) the World Trade Organizations obligations
regarding Trade-Related Aspects of Intellectual Property Rights, incorporating and
expanding on Berne and adding enforcement obligations
al
report
of
the
registerof
co
pyrigh
ts
2005
Organization of the U. S. Copyright Office
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copyright arbitration
royalty panels
associate register for policy
and international affairs
Jule Sigall
general counsel DavidO.Carson
chief operating officer JuliaHuff
associate gen.coun selTanyaSandros
technology officeMichaelBurke,Chief
administrative officeVacant
business process
reengineering managerJeffreyCole
cataloging divisionJoannaRoussis,Chief
examining divisionJamesVassar,ChiefLindaGill,ActingAsst.Chief
information & reference div. JamesEnzinna,ActingChief
licensing divisionJamesP.Cole,ActingChiefMarkDiNapoli,Asst.Chief
receiving & processing div. MelissaDadant,ChiefVictorHolmes,Asst.Chief
ArtsSection
DocumentsRecordationSection
LiterarySection
SerialsSection
LiterarySection
PerformingArtsSection
RenewalsSection
VisualArtsSection
CorrespondenceUnit
Certifications&DocumentsSection
InformationSection
PublicationsSection
RecordsManagementSection
Reference&BibliographySection
ClericalSupportUnit
ExaminingSection
FiscalSection
LicensingInformationSection
FiscalControlSection
Receipt & CorrrespondenceControlSection
MaterialsControlSection
copyright acquisitions div. JewelA.Player,Chief
TechnicalProcessingSection
ComplianceRecordsUnit
Deposit CopiesStorageUnit
RecordsMaintenanceUnit
AccountingUnit
DataPreparation&RecordingUnit
CorrespondenceControlUnit
Receipt Analysis &ControlUnitsI,II, & III
MaterialsExpeditingUnitsI & II
register of copyrightsMarybethPeters
special legal advisor
for reengineeringNanettePetruzzelli
september 30,2005