General Counsel and Associate Register of Copyrights

Wilson: We are writing to express our support for the Copyright Office’s proposed rule governing ex parte communications in the context of informal rulemakings under the APA,1 and commend the Office for its attention to this matter. [...] We suggest that at a minimum, in cases of violations of the proposed ex parte rule, the Office should communicate the violation both to other parties who have already participated in the rulemaking and to the public through a posting on its website. [...] Such a notice should include the name of the party who violated the rule, the fact that they violated the rule, as well as the contents of their ex parte communication or, if not in written form, a summary of the contents of that communication. [...] The current rule proposes that all ex parte communications should be made through either the listed contact person in the relevant Federal Register notice, or to the Office’s Assistant to the General Counsel. [...] We suggest that the Office consider applying this or a similar rule to the following situations: ● ex parte communications related to a policy matter for which the Office has announced a formal study; ● ex parte communications from parties asking to the Office to intervene directly or to persuade the Solicitor General to file amicus briefs in copyright litigation; ● ex parte communications related.