Emmett McAuliffe

Nominee's Key Links: 

Bio: https://www.linkedin.com/in/emmettmcauliffe/

Resume or CV: https://docs.google.com/document/d/19ndQ83AoYYYyZIOp_mcgB2V5wW2zFRdzzMP10ZiHPoY/edit?usp=sharing

Writing or Publications: See cv

Website: https://www.riezmanberger.com/attorney-r-emmett-mcauliffe.html

Video: 

Socials: https://X.com/McLff

 

Agency or agencies for which nominator feels nominee is best suited:

  • White House Office


    Organization name(s) and position(s) for which nominator feels nominee is best suited:

    Librarian of Congress or Register of Copyrights (s/k/a "Copyright Czar")

     

    Policies which the nominator knows the nominee supports or in which they have expertise:

    He has expertise in copyright policy, public arts funding, digitization, and the entertainment industry. He supports: using the Library/Register to 1) provide access digitally to all Americans, bypassing the local libraries and taking the pressure off the local library as a culture war flashpoint, 2) uphold free-speech and anti-censorship, and 3) Continuing to improve the copyright system and enforcement so that American creativity can become a beacon for the world.

     

    Nominator's thoughts on what would make this nominee a valuable member of a future Trump Unity Government

    He represented J-Kwon and Sexyy Red in their breakthrough major record label deals. He has been working with a lot of African-American artists in his home city of St. Louis. He sees their creative genius but also their frustration. He feels that copyright policy, and the federal government should help them to continue to be able to create without necessarily waiting for the major label record deal. Too much copyright policy has been dictated by entertainment industry lobbyists who merely aggregate, and commoditize the copyrights of thousands of artists, often times, not paying them in a way that is easily auditable. Since the grant of copyright comes out of the constitution, which empowers Congress to grant this monopoly of use in order to promote "progress, and the useful arts" copyright policy should be directed back to stimulating and encouraging the most talented among us to write, record, paint, etc. Simply feathering the nests of the Big Music, Big Publishing, Big Media does acquit Congress of this Constitutional responsibilty. Other ways of stimulating creativity should be studied. As an example of the kind of "out-of-the-box" ideas that we should be studying: Why not get the librarian/registrar involved in lending for profit and be a conduit to flow the payment through to the copyright registrant if he opts-in (sometimes called a Digital Content Exchange system)?

  • I believe there is a crisis coming to a head which the Copyright Office could avert. AI, such as ChatGPT, is trained on a vast range of publicly available text data sourced from a variety of materials including books, websites, research papers, publicly available data sets and anonymized conversations. Almost all of these are the subject of copyright because they are creative expressions fixed in a tangible medium. So technically, accessing these materials for training AI is a violation of the author’s copyright (and not fair use). The Copyright Office could act as the clearinghouse for this process. It would be the grand fulfillment of the copyright office’s mission “to promote progress and the useful arts” (the constitutional purpose of copyright law), because copyrighted expressions would be in a constant state of being accessed, utilized for progress, and built upon.

    The Copyright Office has always operated as a voluntary, “opt-in” system using inducement. The Office could add to its current inducements an “insta-copyright” which obviates certain filing requirements, a compulsory license system with statutory rates, and a paymaster service.

    See . THE NEW YORK TIMES COMPANY v. MICROSOFT CORPORATION, et al.