Copyright Claims Board Attorney-Advisor

Employer
USAJobs
Location
Washington, D.C
Posted
Oct 13, 2021
Closes
Oct 16, 2021
Hours
Full Time
Duties

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 Attorney-Advisor (General) provides legal advice and counsel on matters related to the policies and procedures of the Copyright Claims Board.

Learn more about this agency

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 applicant must be an attorney who must meet the qualifications requirements outlined in title 17, chapter 15, §1502(b)(3)(B) "Each Copyright Claims Attorney shall be an attorney who has not fewer than 3 years of substantial experience in copyright law."

The position description number for this position are 411630 and 411631.

The salary range indicated reflects the locality pay adjustments for the Washington, D.C., Metropolitan area.

The incumbent of this position will work a flextime 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.

This position reports to the Supervisory Copyright Claims Attorney-Advisor.

Serves as an expert on legal and factual matters on administrative proceedings in the areas of copyright, civil procedure, alternative dispute resolution, and the policies, regulations, and procedures of the Copyright Claims Board and Copyright Office. Informs senior management staff and officials at multiple levels of the Library of Congress and the Copyright Office on matters related to chapter 15 of title 17. Consults with delegates of the Register of Copyrights on issues of law. Provides legal counsel to the Copyright Claims Board.

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 copyright infringement, defenses, and civil procedure.

Provides authoritative technical advice and guidance to other attorneys, agency personnel, and members of the public on various areas of law, including information to potential claimants contemplating bringing a permissible action before the Copyright Claims Board about obtaining a subpoena under section 512(h) for the sole purpose of identifying a potential respondent in such an action. When applicable, recommends appropriate actions.

Performs probing legal research to prepare documents on copyright legal disputes, justifying recommendations or conclusions.

Independently plans, schedules, conducts, and completes legal research, within the statutory or regulatory time limits, with limited supervisory guidance and demonstrates comprehensive master legal research skills. Drafts determinations, public materials, policies regarding the proceedings of the Copyright Claims Board, and other documents as required by the Copyright Claims Board. Prepares memoranda or reports outlining the facts and legal issues, explaining the application of legal principles and precedents, and justifying recommendations or conclusions.

Reviews 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 advisory statements regarding complicated questions related to the program that can be adopted without significant change. Ensures the policies, procedures, and regulations are consistent with the intent of the law and are administratively sound, efficient, and economical in operation.

Prepares legal materials and documents in consultation with the Copyright Claims Officers and senior Copyright Claims Attorney. Posts Copyright Claims Board decisions on the Board's website and manages public-facing materials.

Prepares new memoranda 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 Copyright Claims Board.

Performs other related duties as assigned.

This position is not eligible for permanent remote telework.

Travel Required

Not required

Supervisory status
No

Promotion Potential
14

Requirements

Conditions of Employment



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 must meet the qualifications requirements outlined in title 17, chapter 15, §1502(b)(3)(B): "Each Copyright Claims Attorney shall be an attorney who has not fewer than 3 years of substantial experience in copyright law."

Additional requirements to those listed above: The applicant must be an attorney who has not fewer than 3 years of substantial experience in copyright law.

Qualifications

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 Write/Communicate in Writing**

Ability to Meet and Deal with Others.

Ability to Convey Legal Analysis and Information Orally Through Briefings, Consultations, and Other Presentations.

Ability to Conduct Legal Research and Analysis**

Knowledge of Copyright Law**

Knowledge of civil procedure related to legal proceedings.

Ability to communicate effectively other than in writing.

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.

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

Although it is the Library's policy to afford the maximum pay benefit to employees when setting rates of pay, a new appointee who has had no previous Federal service will generally be paid the minimum step of the grade.

The Library of Congress is an equal opportunity employer. Women, minorities, and persons with disabilities who meet eligibility requirements are strongly 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 ADA@loc.gov. 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 EEO/Diversity Programs at 202-707-6024 or email spp@loc.gov. 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 reserves the right to fill a lesser or greater number of vacancies indicated during the life of this vacancy announcement.

Initial appointments, permanent or indefinite, to the Library of Congress require completion of a one-year probationary period.

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.

A "Not to Exceed" (NTE) status is used to identify an appointment with a specific ending date. However, the Library has the right to separate a NTE employee at any time due to either performance issues or budget constraints.

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.

How You Will Be Evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

The Library of Congress evaluates applicants through an applicant questionnaire and a structured interview. Applicants may also be screened for some jobs through licensing, certification, and/or education requirements, a narrative/application review, and/or a preliminary telephone interview. The knowledge, skills, and abilities (KSAs) that are marked with a double asterisk (**) in the vacancy announcement and the applicant questionnaire are considered the most critical for a position. To be considered for final selection, applicants must demonstrate fully acceptable experience in these designated KSAs in the narrative/application review, preliminary telephone and/or full structured interview. The various assessment tools listed above are designed to verify or explore applicants' experience, knowledge, and training directly related to the job in order to identify the best qualified applicants for selection.

For more information regarding eligibility requirements, please see the Library of Congress Merit Selection Plan, Section X.D, at: http://www.loc.gov/hr/employment/msp010909.pdf .

To preview questions please click here .

Background checks and security clearance

Security clearance
Other

Drug test required
No

Required Documents

Current or former federal employees must submit their most recent Notification of Personnel Action (SF-50 or equivalent).

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. The program does not accept certification from health care providers. For more information contact the Library's Office of Equal Employment Opportunity and Diversity Programs at 202-707-6024 or email spp@loc.gov. FAILURE TO SUBMIT YOUR CERTIFICATION WILL CAUSE YOUR APPLICATION TO NOT BE CONSIDERED UNDER THE SELECTIVE PLACEMENT PROGRAM.

If you are relying on your education to meet qualification requirements:

Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education .

Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.

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