Ex Parte Communications


In its October 26, 2017 notice of proposed rulemaking, the Copyright Office indicated that it would consider requests from interested non-governmental participants for informal communications with the Office during the post-hearing phase of this proceeding, to discuss targeted issues related to the merits of the rulemaking. To ensure that such communications are governed by transparent and consistent procedures, the Office is issuing the following guidelines:

  1. Any interested participant seeking an ex parte in-person or telephone meeting with the Office in this proceeding should submit a written request to Senior Counsel for Policy and International Affairs Kevin Amer at [email protected] and Assistant General Counsel Anna Chauvet at [email protected] The request should identify (1) the class(es) to which the requested meeting pertains, (2) the names of all proposed attendees, and (3) the party or parties on whose behalf each attendee is appearing.
  2. Ex parte meetings with the Office are intended to provide an opportunity for participants to clarify evidence and/or arguments made in prior written submissions or public hearing statements, and to respond to questions from the Office on those matters. The Office will not consider or accept new documentary materials outside the rulemaking record.
  3. Within two business days after the meeting, the attendees must email the Office (using the above email addresses) a letter detailing the information identified in paragraph 1 and summarizing the discussion at the meeting. The letter must summarize the substance of the views expressed and arguments made in such a way that a non-participating party will understand the scope of issues discussed; merely listing the subjects discussed or providing a 1-2 sentence description will not be sufficient. These letters will be made publicly available on the Copyright Office’s website.
  4. To ensure compliance with the statutory deadline, all ex parte meetings in this proceeding must take place no later than Friday, September 7, 2018. The Office will not consider requests to hold meetings after that date.

Ex Parte Letters

Class 2: Audiovisual works – accessibility

Class 2 ex parte letter -- Joint Creators I
Class 2 ex parte letter -- ATSP LCA

Class 3: Audiovisual works – space-shifting

Class 3 ex parte letter -- SolaByte

Class 6: Computer programs – jailbreaking

Class 6 ex parte letter -- Joint Creators II
Class 6 ex parte letter -- EFF

Class 7: Computer programs – repair

Class 7 ex parte letter -- Joint Creators II
Class 7 ex parte letter -- EFF
Class 7 ex parte letter -- ORI ASCDI UNEDA
Class 7 ex parte letter -- Auto Care Ass'n_Dorman Products

Class 11: Computer programs – avionics

Class 11 ex parte letter -- Air Informatics