Valancourt Books, LLC v. Merrick B. Garland Amicus Brief

On behalf of library associations, the Samuelson Clinic drafted and filed an amicus brief explaining the role of the Copyright Act's deposit requirement in supporting the mission of the Library of Congress and the purposes of copyright.

Representing the American Library Association, the Association of Research Libraries, and the Association of College and Research Libraries, the Samuelson Clinic drafted and filed an amicus brief in a case before the U.S. Court of Appeals for the D.C. Circuit challenging the constitutionality of the Copyright Act’s deposit requirement.

The brief explains that the requirement is a justified quid pro quo for the benefits of copyright protection. More importantly, the brief clarifies the role of the deposit requirement in ensuring that the Library of Congress’s collection includes all significant works published in the United States regardless of registration status. The deposit requirement helps the Library implement its collection policies, which include ensuring collection and preservation of works from marginalized voices or disfavored genres. In conjunction with the Library’s preservation efforts, the deposit requirement helps fulfill the essential bargain of copyright: a temporary period of exclusivity in exchange for the public’s access to works after the term of copyright protection. Further, in connection with the Library’s accessibility efforts, the deposit requirement may enhance access to works even during the period of exclusivity.