Rule2022-12899
Copyright Claims Board: Active Proceedings and Evidence; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 15, 2022
Effective
June 16, 2022
Issuing agencies
Library of CongressCopyright Office, Library of Congress
Abstract
The U.S. Copyright Office is correcting a final rule that appeared in the Federal Register on May 17, 2022. The document established procedures governing active proceedings before the Copyright Claims Board and post-determination procedures under the Copyright Alternative in Small-Claims Enforcement Act of 2020. The correction fixes an inadvertent instruction, typographical errors, and inconsistent phrasing.
Full Text
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<title>Federal Register, Volume 87 Issue 115 (Wednesday, June 15, 2022)</title>
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[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Rules and Regulations]
[Pages 36060-36061]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12899]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 220, 222, 225, 226, 228, 230, 231, 232, and 233
[Docket No. 2021-8]
Copyright Claims Board: Active Proceedings and Evidence;
Correction
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Final rule; correction.
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SUMMARY: The U.S. Copyright Office is correcting a final rule that
appeared in the Federal Register on May 17, 2022. The document
established procedures governing active proceedings before the
Copyright Claims Board and post-determination procedures under the
Copyright Alternative in Small-Claims Enforcement Act of 2020. The
correction fixes an inadvertent instruction, typographical errors, and
inconsistent phrasing.
DATES: Effective June 16, 2022.
FOR FURTHER INFORMATION CONTACT: Megan Efthimiadis, Assistant to the
General Counsel, by email at <a href="/cdn-cgi/l/email-protection#dfb2bab9ab9fbcb0afa6adb6b8b7abf1b8b0a9"><span class="__cf_email__" data-cfemail="e38e868597a3808c939a918a848b97cd848c95">[email protected]</span></a>, or by telephone at
202-707-8350.
SUPPLEMENTARY INFORMATION: In FR Doc. 2022-10466 appearing on at 87 FR
30060 in the issue of Tuesday, May 17, 2022, the following corrections
are made:
Sec. 220.5 [Corrected]
0
1. On page 30075, in the third column, in Sec. 220.5, in paragraph
(a)(1) introductory text, ``Requests and responses to requests which
are identified under this subsection shall be filed through the
fillable form on eCCB and be limited to 4,000 characters. Any party may
submit a response to a request identified in this subsection within
seven days of the filing of the request.'' is corrected to read
``Requests and responses to requests which are identified under this
paragraph (a)(1) shall be filed through the fillable form on eCCB and
be limited to 4,000 characters. Any party may submit a response to a
request identified in this paragraph within seven days of the filing of
the request.''
0
2. On page 30076, in the second column, in Sec. 220.5, in paragraph
(a)(2) introductory text, ``Requests and responses to requests which
are identified under this subsection shall be filed through the
fillable form on eCCB and be limited to 10,000 characters, not
including any permitted attachments.'' is corrected to read ``Requests
and responses to requests which are identified under this paragraph
(a)(2) shall be filed through the fillable form on eCCB and be limited
to 10,000 characters, not including any permitted attachments.''
0
3. On page 30076, in the second column, in Sec. 220.5, paragraph
(a)(2)(v), ``Such requests must enter each specific additional
discovery request (e.g., the specific interrogatories, document
requests or requests for admission sought) within the fillable form;''
is corrected to read ``Such requests must enter each specific
additional discovery request (e.g., the specific interrogatories,
document requests, or requests for admission sought) within the
fillable form;''.
Sec. 222.8 [Corrected]
0
4. On page 30077, in the second column, in Sec. 228.8, in paragraph
(f), ``A failure to file a response within the required timeframe may
constitute a default 17 U.S.C. 1506(u), and the Board may begin
proceedings in accordance with part 227 of this subchapter.'' is
corrected to read ``A failure to file a response within the required
timeframe may constitute a default under 17 U.S.C. 1506(u), and the
Board may begin proceedings in accordance with part 227 of this
subchapter.''
Sec. 222.10 [Corrected]
0
5. On page 30077, in the second column, in part 222, following
amendatory instruction 9, the section heading ``Sec. 222.8 Response to
counterclaim'' is corrected to read ``Sec. 222.10 Response to
counterclaim''.
Sec. 222.14 [Corrected]
0
6. On page 30078, in the third column, in Sec. 222.14, in paragraph
(c), ``At any time, a third party seeking to intervene on the
ground(s)s that it is a necessary party may file a request setting
forth the reasons for the request and requesting a conference with the
Board.'' is corrected to read ``At any time, a third party seeking to
intervene on the ground(s) that it is a necessary party may file a
request setting forth the reasons for the request and requesting a
conference with the Board.''
Sec. 222.17 [Corrected]
0
7. On page 30080, in the first column, in Sec. 222.17, in paragraph
(d), ``Dismissal of a claim or counterclaim under this section will not
affect remaining claims or counterclaims in the proceeding.'' is
corrected to read ``Dismissal of a claim or counterclaim under this
section will not affect any remaining claims or counterclaims in the
proceeding.''
[[Page 36061]]
Sec. 225.1 [Corrected]
0
8. On page 30082, in the first column, in Sec. 225.1, in paragraph
(a)(2), ``Requests to the Board related to discovery may be raised to
the Board during a conference or by written request, as set forth in
this section.'' is corrected to read ``Requests to the Board related to
discovery may be raised to the Board during a conference or by written
request, as set forth in this part.''
Sec. 225.3 [Corrected]
0
9. On page 30084, in the first column, in Sec. 225.3, in paragraph
(f)(2) introductory text, ``Documents responsive to the standard
requests for the production of documents, or any additional requests
permitted by the Board, including electronically stored information
(ESI), including emails and computer files.'' is corrected to read
``Documents responsive to the standard requests for the production of
documents, or any additional requests permitted by the Board, shall
include electronically stored information (ESI), including emails and
computer files.''
Sec. 226.4 [Corrected]
0
10. On page 30087, in the first column, in Sec. 226.4, in paragraph
(g), ``In its discretion or upon the request of any party, the
presiding Officer may hold additional conferences, including to manage
the conduct of the proceeding, address disputes between the parties,
settlement and engage in further discussion of the claims,
counterclaims, or defenses and supporting evidence.'' is corrected to
read ``In its discretion or upon the request of any party, the
presiding Officer may hold additional conferences, including to manage
the conduct of the proceeding, address disputes between the parties,
and engage in further discussion of the claims, counterclaims, or
defenses and supporting evidence.''
Sec. 228.2 [Corrected]
0
11. On page 30089, in the second column, in Sec. 228.2, in paragraph
(d), ``The claimant or counterclaimant may only challenge such
determination to the extent permitted under 17 U.S.C. 1508[euro] or the
procedures set forth in paragraph (e) of this section.'' is corrected
to read ``The claimant or counterclaimant may only challenge such
determination to the extent permitted under 17 U.S.C. 1508(c) or the
procedures set forth in paragraph (e) of this section.''
Sec. 230.5 [Corrected]
0
12. On page 30090, in the first column, in Sec. 230.5, ``The Board
will base its decision on the party's written submissions.'' is
corrected to read ``The Board will base its decision on the parties'
written submissions.''
Sec. 231.6 [Corrected]
0
13. On page 30090, in the second and third column, in Sec. 231.6,
``The Register will base such a decision on the party's written
submissions.'' is corrected to read ``The Register will base such a
decision on the parties' written submissions.''
Part 232 [Corrected]
0
14. On page 30090, in the third column, amendatory instruction 20 and
the part 232 table of contents are removed and amendatory instructions
20a and 20b are added in their place to read as follows:
PART 232--PARTY CONDUCT
0
20a. The authority citation for part 232 continues to read as follows:
Authority: 17 U.S.C. 702, 1510.
0
20b. Sections 232.1 through 232.5 are added to read as follows:
Sec.
212.1 General.
232.2 Representations to the Board.
232.3 Bad-faith conduct.
232.4 Bar on initiating and participating in claims.
232.5 Legal counsel and authorized representative conduct.
* * * * *
Sec. 232.3 [Corrected]
0
15. On page 30091, in the first column, in Sec. 232.3, in paragraph
(b)(2), ``A party that in good faith believes that a participant has
engaged in bad-faith conduct, may file a request for a conference with
the Board, describing the alleged bad-faith conduct and attaching any
relevant exhibits.'' is corrected to read ``A party that in good faith
believes that a participant has engaged in bad-faith conduct may file a
request for a conference with the Board describing the alleged bad-
faith conduct and attaching any relevant exhibits.''
Sec. 232.4 [Corrected]
0
16. On page 30091, in the second column, in Sec. 232.4, in paragraph
(b)(2), ``A party that in good faith believes that a participant has
engaged in bad-faith conduct before the Board on more than one occasion
within a 12-month period, may file a request for a conference with the
Board at any point after a proceeding has been initiated.'' is
corrected to read ``A party that in good faith believes that a
participant has engaged in bad-faith conduct before the Board on more
than one occasion within a 12-month period may file a request for a
conference with the Board at any point after a proceeding has been
initiated.''
0
17. On page 30091, in the second column, in Sec. 232.4, in paragraph
(c), ``An award of attorneys' fees or costs against an accused party,
pursuant to Sec. 232.3, within the prior 12 months shall establish an
instance of bad-faith conduct within the requisite time period.'' is
corrected to read ``An award of attorneys' fees or costs against an
accused participant, pursuant to Sec. 232.3, within the prior 12
months shall establish an instance of bad-faith conduct within the
requisite time period.''
Sec. 233.2 [Corrected]
0
18. On page 30092, in the second column, in Sec. 233.2, in paragraph
(a) introductory text, ``The number of Copyright Claims Board
proceedings that may be filed by a claimant and the number of
proceedings a solo practitioner or law firm may file on behalf of
claimants in any 12-month period shall be limited in accordance with
this section.'' is corrected to read ``The number of Copyright Claims
Board proceedings that may be filed by a claimant and the number of
proceedings that may be filed by legal counsel or law firms on behalf
of claimants in any 12-month period shall be limited in accordance with
this section.''
0
19. On page 30092, in the second column, in Sec. 233.2, in paragraph
(a)(2), ``A sole practitioner shall file no more than 40 CCB
proceedings on behalf of claimants in any 12-month period.'' is
corrected to read ``A sole practitioner or a legal counsel associated
with a law firm shall file no more than 40 CCB proceedings on behalf of
claimants in any 12-month period.''
Dated: June 7, 2022.
Shira Perlmutter,
Register of Copyrights and Director of the U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2022-12899 Filed 6-14-22; 8:45 am]
BILLING CODE 1410-30-P
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