This position is located in the Office of the Copyright Royalty Judges, Office of the Register of Copyrights and Director of the U.S. Copyright Office. Finalists for these positions may be required to submit a writing sample and/or participate in a presentation exercise.
Applicants must have had progressively responsible experience and training sufficient in scope and quality to furnish them with an acceptable level of the following knowledge, skills, and abilities to perform the duties of the position without more than normal supervision. Ability to draft legal reports, memoranda and documents demonstrating and communicating a knowledge of copyright law, administrative law, or other similarly complex areas of law. ** Ability to conduct legal research on complex legal or policy matters. ** Ability to organize and manage complex litigation documents. ** Ability to provide advice and guidance. Ability to Work Collaboratively with Others. Ability to exercise judgment and discretion. Ability to communicate effectively other than in writing.
The Copyright Royalty and Distribution Act of 2004 revised Section 801 of Title 17 of the United States Code and created a new program, the Copyright Royalty Board (CRB), to determine and adjust royalty rates and terms for the various compulsory license provisions of the Copyright Act, to determine the distribution of royalties deposited with the Copyright Office under these licenses, and to make determinations regarding the status of a digital audio recording device or a digital audio interface device under the provisions of Section 1010 of the Copyright Act. The Music Modernization Act of 2018 Revised Section 801 to require the CRB to also determine the administrative assessment to be paid by digital music providers. The CRB is comprised of three Copyright Royalty Judges. The position, Attorney-Advisor, reporting to the Supervisory Attorney Advisor provides legal advice and counsel on matters related to the establishment of copyright royalty rates, distribution of royalty fees, assessment of digital audio recording technology and media, the administrative assessment paid by digital music providers, and the implementation of the Judges' procedures. While performing daily activities, the incumbent is also responsible for ensuring proper handling and security of Library and Copyright Royalty Board materials. Prepares and presents written and oral information and balanced analyses of complex copyright and intellectual property questions to the Judges or other staff on matters relating to statutory licenses. Independently provides advice on areas of law in which the research direction is not clear-cut, or the legal issues require the advice and guidance of experts. Provides legal opinions involving all aspects of compulsory license provisions, related statutory obligations, and topics involving difficult and complex legal principles and issues that are not clearly established or are new or novel. Provides authoritative technical advice and guidance to other attorneys, agency personnel, personnel at other agencies or private organizations and members of the public on various areas of law involving unusual conditions, problems, or questions. When applicable, recommends appropriate actions. Prepares and delivers presentations at programs or meetings employing the incumbent's broad knowledge of legal issues and current copyright and intellectual property concerns related to the compulsory and statutory licenses. Provides legal counsel on difficult topics to the Supervisory Attorney Advisor, Chief Copyright Royalty Judge, as well as the other Copyright Royalty Judges. Provides advice on problems of law affecting a significant segment of public interest, but do not always have clearly applicable legal precedents due to the newness of the program, the novelty of the issue, or specifics of hearing decisions. Performs probing and innovative legal research to prepare in-depth analyses, arguments, briefs, and analytical documents on various complex and specialized fields of copyright and intellectual property law in the area of statutory licenses, justifying recommendations or conclusions for the most complex, difficult cases. Prepares memoranda or reports outlining the facts and legal issues, explaining the application of legal principles and precedents, and justifying recommendations or conclusions. Reviews complex legal and administrative matters such as proposed administrative policies, procedures and regulations, and evaluates their legality and effect on the program. Analyzes the factual and legal issues presented to determine whether further information is needed, and if so, how best to obtain that information. Serves as an agency expert in providing legal opinions and final advisory statements regarding extremely complicated questions related to the program. Recommends policies and develops procedures and regulations implementing new or amended legislation for the agency. Ensures the policies, procedures, and regulations are consistent with the intent of the law and are administratively sound, efficient, and economical in operation. Prepares new procedures and guides for interpretation resulting from changes in statutory law, national policy, and new court decisions. The finished products are in final form and require little, if any, supervisory review. As directed, may serve as a resource to attorneys at the Department of Justice on appeals of decisions rendered by the Judges. Performs various other duties as assigned. The position description numbers for this position are 312635 and 312636. 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 non-supervisory, bargaining unit position. Relocation expenses will not be authorized for the person(s) selected under this vacancy announcement.