Marybeth Peters: Renaissance Woman of Copyright; New York City Bar Association Podcasts, December 13, 2023

 New York City Bar Association Podcasts; Marybeth Peters: Renaissance Woman of Copyright

"Lawyer. Leader. Public Servant. Trailblazer. Friend.

Marybeth Peters, the second-longest serving Register of Copyrights (1994 - 2010), died on September 29, 2022, in Washington, D.C., at the age of 83. With her passing, Register Peters left behind a lasting and far-reaching legacy in her storied 40-plus year career as a distinguished attorney, respected copyright law expert, and the director of the U.S. Copyright Office, where she helped shape and implement critical new laws, including the 1998 Digital Millennium Copyright Act, the Sonny Bono Copyright Term Extension Act, and the Uruguay Round Agreements Act among others. In addition, Register Peters was remembered as a mentor, teacher, and friend who touched the lives of everyone around her with grace and her unforgettable laugh.

Presented by the New York City Bar Copyright and Literary Property Committee, committee member Theodora Fleurant, a trademark attorney based in New York City, and Jose Landivar, an Associate at Coates IP, lead an unforgettable series of conversations with some of the people closest to Register Peters to look back on her life and legacy, including:

•	Shira Perlmutter, the current Register of Copyrights and Director of the U.S. Copyright Office
•	Maria Pallante, President and CEO of the Association of American Publishers who formerly served as the 12th Register of Copyrights
•	Richard Dannay, Counsel at Cowan, Liebowitz & Latman, P.C.
•	Eric Schwartz, Partner at Mitchell Silberberg & Knupp LLP, and former Acting General Counsel and Senior Legal Advisor to the Register of Copyrights
•	David Carson, current Copyright Office Claims Officer who, formerly served as head of the Copyright Policy Team in the Office of Policy and International Affairs at the U.S. Patent and Trademark Office and as General Counsel of the U.S. Copyright Office

This podcast paints a fascinating portrait of a leading U.S. and international copyright law expert. It seeks to inspire listeners with lessons in leadership, courage, innovation, and dedicated public service.

This podcast would not have been possible without the support of the U.S. Copyright Office (https://www.copyright.gov/) and audio provided by the Copyright Clearance Center.

Photo: Courtesy of the U.S. Copyright Office.

Access a transcript of this episode here: https://bityl.co/MvSf"

Trump rejected plans for a White House statement praising McCain; The Washington Post, August 26, 2018

Josh Dawsey, The Washington Post; Trump rejected plans for a White House statement praising McCain


"McCain allies said they did not expect an outpouring of praise from Trump after their contentious past.

“It certainly doesn’t bother me or the people I know close to John,” Weaver said. “I don’t think it bothers John one bit. If we heard something today or tomorrow from Trump, we know it’d mean less than a degree from Trump University.”"

Pruitt is gone. Congress still doesn’t care about ethics.; The Washington Post, July 6, 2018

Walter M. Shaub Jr., The Washington Post; Pruitt is gone. Congress still doesn’t care about ethics.

"The damage to the executive branch ethics program is profound. A bad ethical tone from the top, which began with Trump’s refusal to divest his conflicting financial interests, continues to erode that program. Trump’s commendation of the departing Pruitt is as strong a statement as a leader can send to devalue the importance of ethics in government.

The foundational principle that public service is a public trust is now on the ropes. Those in Congress who share responsibility for Pruitt’s ethical failures will find it difficult to avoid looking hypocritical if they demand ethical conduct from appointees in this administration or the next. Gowdy is a notable exception, but he is leaving Congress. It is time for his colleagues to step up their oversight of this administration’s ethical failings. The road to redemption may require an acknowledgment of responsibility for failing to oversee the EPA’s administrator and a recommitment to enforcing government ethics. As for the executive branch, Trump can start by curtailing his praise of the current holder of the title “most unethical Cabinet member in modern history.”"

Ben Carson Defends Buying $31,000 Dining Set to Congress: ‘I Left It to My Wife’; New York Times, March 20, 2018

Glenn Thrush, New York Times; Ben Carson Defends Buying $31,000 Dining Set to Congress: ‘I Left It to My Wife’

[Kip Currier: HUD Secretary Ben Carson's statement in the excerpt below is the money quote take-away from this article.

Ethics is not only about the substantive impacts of actions but also about how those actions look to other people: The messages--both spoken and unspoken--that  our actions communicate about our own values.

A phrase often heard regarding ethical issues is "air of impropriety", meaning that an action has a sense of not seeming "right", of not being "above board", of not looking good. Even if an action may technically be legal or ethical.

Good ethical decision-making includes consideration of our own internal compasses and the external signals that our actions send to other people. Not just in the current buzzphrase sense of "the optics" of something, but what we are communicating about our priorities and values.

Ethical leadership--especially public service--is concerned with promoting trust in the integrity of our leaders, our institutions, our democratic values and ideals. Being mindful about how something looks--the example we set for others--is an integral component of ethical leadership. That's worth thinking about.]

"On Tuesday, Mr. Carson defended that decision, saying that his son had not profited from his father’s government post.

“HUD’s ethics counsel suggested it might look funny, but I’m not a person who spends a lot of time thinking about how something looks,” Mr. Carson said."

What did you expect from Trump?; Washington Post, August 15, 2017

Jennifer Rubin, Washington Post; What did you expect from Trump?

"We should be clear on several points. First, it is morally reprehensible to serve in this White House, supporting a president so utterly unfit to lead a great country. Second, John F. Kelly has utterly failed as chief of staff; the past two weeks have been the worst of Trump’s presidency, many would agree. He can at this point only serve his country by resigning and warning the country that Trump is a cancer on the presidency, to borrow a phrase. Third, Ivanka Trump and Jared Kushner have no excuses and get no free passes. They are as responsible as anyone by continuing to enable the president. Finally, Trump apologists have run out of excuses and credibility. He was at the time plainly the more objectionable of the two main party candidates; in refusing to recognize that they did the country great harm. They can make amends by denouncing him and withdrawing all support. In short, Trump’s embrace and verbal defense of neo-Nazis and white nationalists should be disqualifying from public service. All true patriots must do their utmost to get him out of the Oval Office as fast as possible."

Tom Brokaw: Friends Across Barbed Wire and Politics; New York Times, August 11, 2017

Tom Brokaw, New York Times; Tom Brokaw: Friends Across Barbed Wire and Politics

"[Mr. Norman Mineta] also urged young people to get into public service “to be at the table.” “If you’re not there,” he said, “other people are making decisions that impact you.”

His Republican friend, typically, is more blunt. “It’s embarrassing,” Mr. [Alan] Simpson thundered when asked about the current political environment. He said that Sept. 11 “injected something into us called fear.” And that fear, he worries, is overriding an important lesson of history: that patriotism, forgiveness and tolerance can coexist.

The senator likes to recall the words of Justice Frank Murphy, one of only three dissenting votes when President Roosevelt’s Executive Order 9066 was upheld by the United States Supreme Court in 1944. Justice Murphy wrote that “the broad provisions of the Bill of Rights” are not “suspended by the mere existence of a state of war. Distinctions based on color and ancestry are utterly inconsistent with our traditions and ideals.”"

Surprise Us, Mr. Trump: Name an Ethics Watchdog With Teeth; New York Times, July 7, 2017

Editorial Board, New York Times; Surprise Us, Mr. Trump: Name an Ethics Watchdog With Teeth

"Walter Shaub Jr. announced his resignation as director of the Office of Government Ethics on Thursday, plunging the federal government’s top ethics watchdog agency into limbo. President Trump now has the chance to appoint an accommodating loyalist who’d give him far less trouble than Mr. Shaub has. Or he could surprise us, and name another independent director committed to the ethical rules of public service. The president’s past behavior doesn’t offer much hope, but it would be in his long-term interest to choose a director with integrity.

The 70-person O.G.E. works with some 4,500 executive branch ethics officials whose goal is preventing conflicts of interest among 2.5 million civilian federal employees. The energy, commitment and character of the person at the top is crucial to the office’s success, not least because it has no real enforcement power. Its influence derives from a mix of financial disclosure rules, public pressure and, ideally, White House support for its mission of ensuring that civil servants act on the behalf of Americans, not themselves."

U.S. Ethics Official: Trump's Divestiture Is Hard, Pricey And Essential; NPR, 1/12/17

Christopher Dean Hawkins, NPR; U.S. Ethics Official: Trump's Divestiture Is Hard, Pricey And Essential:

"It wasn't nearly enough, according to Office of Government Ethics Director Walter Schaub.

"The president is now entering a world of public service," Schaub said in a speech at the Brookings Institution. "He's going to be asking his own appointees to make sacrifices. He's going to be asking our men and women in uniform to risk their lives in conflicts around the world. So no, I don't think divestiture is too high a price to pay to be the president of the United States of America."...

"The ethics program starts at the top — the signals a president sends [set] a tone across the executive branch," Schaub said, adding that "officials in any administration need their president to show ethics matters, not only through words but through deeds."

The ethics official pointed to the steps undertaken by Secretary of State nominee Rex Tillerson, whose separation from Exxon Mobil reportedly will cost the former CEO about $7 million...

And it's not just inside the government that the president's example matters, Schaub said. The ethics program run by the executive branch, including presidential divestment, has been viewed as a gold standard internationally, he said, with the office frequently consulting with governments in the developing world to set up similar programs."

Daughters and Trumps; Frank Bruni, 10/12/16

Frank Bruni, New York Times; Daughters and Trumps:

"There’s something off-key when lawmakers — Republicans or Democrats, in connection with Trump or in other instances — describe the importance of an issue in accordance with its relevance to the people closest to them and its proximity to their doorstep. Or when they present their descendants as the best proof of their investment in the future.

The message of that is antithetical to public service and political leadership, which are ideally about representing kin and strangers alike, casting the widest possible net of compassion and letting common values, not personal interests, be the compass.

My loins are fruitless but my principles are clear: No human being — woman or man — should be regarded as a conquest or an amusement with a will subservient to someone else’s. That’s how Trump seems to treat most of the people in his life, and I object to that not as the brother of three admirable siblings (including a sister), not as the son of two extraordinary parents (including a mother), not as the uncle of many talented nieces and nephews, not as the partner of a wonderful man, and not as a friend to brilliant men and women whose welfare matters greatly to me.

I object to it as the citizen of a civilized society. I object to it because it threatens the people I don’t know as well as the people I do. I object to it because it’s wrong."