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  • Copyright Claims Officer

    Library of Congress (Washington, DC)



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    Summary 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. Responsibilities 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. Requirements Conditions of Employment See requirements listed below under Qualifications Required. Your resume is important to this application process. It will be reviewed to determine whether you possess the qualifications referenced above. All applicants are required to submit a resume that provides specific information (to include accomplishments, work experience and education/training) that clearly describes what you would bring to the position. The Supervisor leads his/her staff toward meeting the Library’s vision, mission, and goals by acting decisively, leveraging diversity and inclusiveness, demonstrating flexibility and resilience, fostering continuous improvement and innovation, and fostering integrity and honesty. To view the Library’s Supervisory Core Competencies click the following link: https://www.loc.gov/static/portals/careers/documents/loc\_supervisor\_core\_competencies.pdf Conditions of Employment Library of Congress employees are prohibited from using illegal drugs, including marijuana. The Library is part of the Federal Government and abides by federal law, so regardless of individual state or District of Columbia laws, marijuana use is illegal, considered criminal activity, and can affect your employment at the Library. In addition, past drug use and activities (e.g., selling or distributing) may deem you ineligible for employment. Qualifications 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. Education Applicants must possess an LL.B. or J.D., or higher degree from a full course of study in a school of law accredited by the American Bar Association or a state-accredited school of law and be a current active (or equivalent) member in good standing of the bar of a state, the District of Columbia, a territory of the United States, or the Commonwealth of Puerto Rico. Appointees must maintain active membership in good standing of the bar throughout their employment. 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. Legible copies of transcripts demonstrating that applicant is a graduate from an LL.B. or J.D., or higher degree program in a school of law accredited by the American Bar Association or a state-accredited school of law must be attached to your online application. Unofficial transcripts are acceptable at the time of the application. Official documents will be required if selected. Also, a copy of bar membership demonstrating that applicant is a member in good standing of the bar of a state, the District of Columbia, a territory of the United States, or the Commonwealth of Puerto Rico must be attached to your online application. Failure to submit the required legible documentation at the time of application will result in disqualification of your application. Foreign Education – Education completed outside the U.S. must be deemed equivalent to conventional/accredited U.S. education programs to be acceptable for Federal employment. If your college/university is outside the U.S., your transcripts must be accompanied by a report from a credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or the Association of International Credentials Evaluators (AICE). Failure to submit a foreign education evaluation report will result in disqualification of your application. Additional Information All initial appointments, permanent or indefinite, to the Library of Congress require completion of a one-year probationary period. In addition, all newly appointed Senior Level executives, from outside the Library as well as from within, must serve a one year probationary period in accordance with the Library of Congress Regulations (LCRs) 9-1610 Senior Level Executive System. The Library of Congress is an equal opportunity employer. All who meet the eligibility requirements are encouraged to apply. Applicants must submit a complete application package that is received by the closing date of this announcement. This agency provides reasonable accommodation to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please email [email protected]. The decision on granting reasonable accommodation will be determined on a case-by-case basis. Applicants with disabilities may be considered under special hiring procedures and must submit an appropriate certificate of eligibility when applying for this position. The proof or disability/certification may be issued by the State Vocational Rehabilitation Office, Disability Services or Career Services office of the applicant’s college or university, or the Department of Veterans Affairs. The letter must verify that the applicant has a severe disability and must be dated within three years of the date of the application. Certification from health care providers are not accepted. For more information contact the Library's Office of Equal Employment Opportunity at 202-707-6024 or email [email protected]. FAILURE TO SUBMIT YOUR CERTIFICATION WILL CAUSE YOUR APPLICATION TO NOT BE CONSIDERED UNDER THE SELECTIVE PLACEMENT PROGRAM. The Library of Congress is the national library of the United States and is part of the Legislative Branch of the Federal government. As such, all positions are in the excepted service. Appointment/retention is subject to a favorable evaluation of an appropriate personnel security/suitability investigation. The Library of Congress may offer repayment for all or part of federally insured student loans. However, not all service units within the Library of Congress participates in the repayment of federally insured student loans. Therefore, determination to repay a federally insured student loan is subject to approval by the appropriate service unit. The selected applicant will be required to file a financial disclosure statement with the House of Representatives, U.S. Congress, in accordance with the provisions of Public Law 95-521, the Ethics in Government Act of 1978. Are you a veteran? Please indicate the type of veterans' preference you are claiming in your application materials and/or applicant profile and provide the appropriate supporting documentation to validate your claim. Those applying for 5-point preference must submit Member Copy 4 of your DD 214. Those applying for 10-point preference must fill out an SF-15 (click here for the form) and provide the required documentation listed on the back of the form. If required supporting documentation is not attached, Veterans' Preference will not be considered in the application process. For more information regarding eligibility requirements, please see the Library of Congress Merit Selection Plan, Section 8.5, at: Senior Level Merit Selection Plan.

     


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