Rule2022-27027
Copyright Claims Board: District Court Referrals; Proof of Service Forms; Default Proceedings; Law Student Representation
Primary source
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Published
December 19, 2022
Effective
December 19, 2022
Issuing agencies
Library of CongressCopyright Office, Library of Congress
Abstract
The U.S. Copyright Office is amending its regulations governing the appearance of law student representatives before the Copyright Claims Board, district court referrals, proof of service forms, and default proceedings. The amendments allow the Copyright Claims Board to modify or suspend certain rules when a claim is referred by a district court and, in cases that are first filed before the Copyright Claims Board, accept alternative proof of service forms. The amendments also clarify the rules governing default proceedings and law student representation, and make certain technical corrections.
Full Text
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<title>Federal Register, Volume 87 Issue 242 (Monday, December 19, 2022)</title>
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[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Rules and Regulations]
[Pages 77518-77522]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27027]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 222, 224, 225, 233, 234 and 235
[Docket No. 2022-6]
Copyright Claims Board: District Court Referrals; Proof of
Service Forms; Default Proceedings; Law Student Representation
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Interim rule; request for comments.
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SUMMARY: The U.S. Copyright Office is amending its regulations
governing the appearance of law student representatives before the
Copyright Claims Board, district court referrals, proof of service
forms, and default proceedings. The amendments allow the Copyright
Claims Board to modify or suspend certain rules when a claim is
referred by a district court and, in cases that are first filed before
the Copyright Claims Board, accept alternative proof of service forms.
The amendments also clarify the rules governing default proceedings and
law student representation, and make certain technical corrections.
DATES: Effective date: The interim rule is effective December 19, 2022.
Comments due date: Written comments must be received no later than
11:59 p.m. Eastern Time on February 2, 2023.
ADDRESSES: For reasons of Government efficiency, the Copyright Office
is using the <a href="http://regulations.gov">regulations.gov</a> system for the submission and posting of
public comments in this proceeding. All comments are therefore to be
submitted electronically through <a href="http://regulations.gov">regulations.gov</a>. Specific instructions
for submitting comments are available on the Copyright Office's website
at <a href="https://www.copyright.gov/rulemaking/case-act-implementation/district-court-referrals/">https://www.copyright.gov/rulemaking/case-act-implementation/district-court-referrals/</a>. If electronic submission of comments is not
feasible due to lack of access to a computer or the internet, please
contact the Copyright Office using the contact information below for
special instructions.
FOR FURTHER INFORMATION CONTACT: Megan Efthimiadis, Assistant to the
General Counsel, by email at <a href="/cdn-cgi/l/email-protection#ef828a899baf8c809f969d8688879bc1888099"><span class="__cf_email__" data-cfemail="325f57544672515d424b405b555a461c555d44">[email protected]</span></a> or telephone at 202-
707-8350.
SUPPLEMENTARY INFORMATION:
I. Background
The Copyright Alternative in Small-Claims Enforcement (``CASE'')
Act of 2020 \1\ directed the Copyright Office to establish the
Copyright Claims Board (``CCB''), a voluntary forum for parties seeking
resolution of certain copyright disputes that have a total monetary
value of $30,000 or less. The CCB is an alternative forum to Federal
district court and is designed to be accessible to pro se individuals
and individuals without much formal exposure to copyright.\2\ In early
2021, the Office published a notification of inquiry (``NOI'') asking
for public comments on the CCB's operations and procedures.\3\
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\1\ Public Law 116-260, sec. 212, 134 Stat. 1182, 2176 (2020).
\2\ See, e.g., H.R. Rep. No. 116-252, at 18-20 (2019).
\3\ 86 FR 16156 (Mar. 26, 2021).
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Following the NOI, the Office published multiple notices of
proposed rulemaking (``NPRMs''), including proposing rules governing
the representation of parties before the CCB by law students \4\ and
the conduct of proceedings before the CCB.\5\ After receiving and
considering comments submitted by the public, the Office published
final rules.\6\ On June 16, 2022, the CCB began receiving claims
through its website <a href="http://dockets.ccb.gov">dockets.ccb.gov</a>.
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\4\ 86 FR 74394 (Dec. 30, 2021).
\5\ 86 FR 53897 (Sept. 29, 2021); 86 FR 69890 (Dec. 8, 2021).
\6\ 87 FR 20707 (Apr. 8, 2022) (law student representation final
rule); 87 FR 12861 (Mar. 8, 2022) (initial proceedings partial final
rule); 87 FR 16989 (Mar. 25, 2022) (initial proceedings final rule);
87 FR 24056 (Apr. 22, 2022) (initial proceedings correction); 87 FR
30060 (May 17, 2022) (active proceedings final rule); 87 FR 36060
(June 15, 2022) (active proceedings correction).
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II. Interim Rule and Request for Comments
After reviewing its regulations, the Office is clarifying the rules
governing law student representation, adding a rule to address district
court referrals, and amending the rules governing initiating
proceedings and active proceedings, in particular those related to
submitting a proof of service form and to default proceedings. The
amendment also makes corrections for typographical errors and
consistency.
Law Student Representation
In its law school representation rulemaking, the Office had
proposed that qualified law students affiliated with a qualifying law
school clinic could represent parties before the CCB.\7\ The proposed
rule explained that the Office was ``incorporat[ing] the requirements
for law student representation provided by the law of the jurisdiction
that certifies the student to practice in connection with a law school
clinic.'' \8\ This requirement was included in the final rule.\9\ Since
the rule's publication, the Office has become aware that some parties
have interpreted the use of the word ``certifies'' to denote a formal
law student certification process. The use of the word ``certifies''
was intended to mean ``allows, authorizes, or permits'' and did not
necessarily contemplate a formal certification process (unless such a
process is required by the law student's jurisdiction for participation
in a law school-connected clinic). Additionally, the Office understands
that, in some jurisdictions, court or bar rules may govern law student
representation rather than state law. The Office is revising its
regulations to replace the word ``certifies'' with
[[Page 77519]]
``allow, authorize, or permit'' to ensure that the definition of
``applicable law'' is broad enough to include court or bar rules and to
fix an incorrect cross reference.
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\7\ 86 FR 74394, 74395.
\8\ Id.
\9\ In the final rule, law students affiliated with a pro bono
legal services organization with a connection to the student's law
school were also permitted to represent parties before the CCB. 87
FR 20707, 20709-10.
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Finally, the Office is amending its regulations concerning law
student representation to make clear that these regulations only apply
to law students who formally appear in CCB proceedings. As the Office
previously recognized, law students may provide legal assistance
related to CCB proceedings in ways that do not rise to the level of a
formal appearance. For example, a student may assist a party by
evaluating the strength of the party's claim or defense, drafting
pleadings and other documents, advising a party about service of
process, or explaining the CCB's regulations or processes.\10\ Under
the rules governing the CCB, such activities without more would not
constitute an ``appearance'' before the CCB and, therefore, are not
within the scope of the CCB's regulations regarding law student
appearances. However, the Office cautions that these activities may be
subject to state or local laws, court rules, or bar rules, which might
impose other requirements on such student activities. We continue to
encourage law students to assist CCB parties in accordance with
applicable law, regardless of the form that assistance takes.
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\10\ Id. at 20710 (``[T]he Office encourages the participation
of law students in CCB proceedings more broadly. For example, under
the supervision of a licensed attorney, a law student may assist
with drafting a pleading or other document to be filed before the
CCB. In addition, a licensed lawyer representing a party before the
CCB may have a law student intern or clerk attend any part of the
party's proceeding.'').
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District Court Referrals
The CASE Act provides that CCB proceedings ``shall qualify as an
alternative dispute resolution process under [28 U.S.C. 651] for
purposes of referral of eligible cases by district courts of the United
States upon the consent of the parties.'' \11\ The alternative dispute
resolution (``ADR'') process referenced allows a district court to
refer litigants appearing before it to one of several ADR procedures
with the goal of resolving the dispute prior to a trial. One of these
ADR procedures, arbitration, involves a resolution of the parties'
claims and defenses on the merits and accordingly requires the consent
of both parties. Similarly, the CASE Act requires that a district
court's referral of a dispute to the CCB for resolution occur only when
both parties consent.\12\
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\11\ 17 U.S.C. 1509(b).
\12\ Id. (``A proceeding before the Copyright Claims Board under
this chapter shall qualify as an alternative dispute resolution
process under section 651 of title 28 for purposes of referral of
eligible cases by district courts of the United States upon the
consent of the parties.'')
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The CASE Act created a tribunal for the resolution of certain
copyright claims in a manner more efficient and less costly than in
district court. The CCB's treatment of cases referred to it by district
courts should be consistent with these goals. The Office understands
the Act's referral provision to anticipate that such referrals would be
resolved on the merits by the CCB, which would issue a final decision,
subject to the CASE Act's provisions for reconsideration and
review.\13\ Certain CASE Act provisions, e.g., those governing service
of the claim and opting out, are superfluous and inconsistent with a
streamlined process in the referral context. If the CCB required
Federal court litigants, who have already consented to a referral to
the CCB, to comply with unnecessary procedural rules, the goals of the
Act would be undermined.
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\13\ Id.
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Accordingly, while the Office believes that the CCB's procedural
steps and regulations serve an important role, adhering to certain
provisions would not always be in the parties' (or the CCB's)
interests. For example, claims referred from district courts are likely
to come to the CCB at different stages of litigation, including before,
during, or after discovery or substantive motion practice, which may
narrow or amend the issues in dispute. Moreover, it would be
inefficient for parties to undertake discovery as set forth in CCB
regulations if they previously had completed discovery during district
court proceedings. Finally, it is unnecessary to engage in the opt-out
process when both parties have consented to having their claims decided
by the CCB. At the same time, other provisions, such as those governing
the CCB's ability to set conferences as needed, the types of evidence
that can be submitted at virtual hearings, records and publication,
requests for reconsideration, the Register's review, party conduct, law
student representation, class action opt-out procedures, and dismissal
for unsuitability seem equally appropriate for all claims before the
CCB.
When a claim is referred to the CCB by a district court on consent
of the parties pursuant to 17 U.S.C. 1509(b), the Office proposes that
the parties to that case email the CCB as soon as possible (at
<a href="/cdn-cgi/l/email-protection#0465776f706c61666b657660446767662a636b72"><span class="__cf_email__" data-cfemail="f3928098879b96919c928197b3909091dd949c85">[email protected]</span></a>) for further instructions on how to continue
proceedings before the CCB, including on how to open a docket in eCCB
outside of the standard process. The CCB will issue a scheduling order,
schedule a conference with the parties, and use its discretion to
adjust or suspend standard rules that would otherwise apply, subject to
identified exceptions, in the interests of efficiently resolving the
dispute.
Going forward, the Office does not propose requiring claimants to
pay a fee under 37 CFR 201.3(g)(1) for claims referred from a district
court. Further, claims referred by district courts will not be included
when calculating the maximum number of proceedings a clamant, attorney,
or law firm can bring before the CCB.\14\
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\14\ See 17 U.S.C. 1506(f)(3)(C), 1510(a)(1); 37 CFR 233.
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Proof of Service Form, Evidence in Default Determinations, and Edits
for Consistency
In its initiating proceeding regulations, the Office required
claimants to ``file a completed proof of service form'' to evidence
that service of the claim on the respondent had been completed, and
stated that such ``proof of service form shall be located on the
Board's website.'' \15\ The amendments proposed here will make clear
that claimants may submit proof of service forms, by using either the
form provided by the CCB or an alternative form that contains all of
the information required in the CCB-provided form. Further, the
proposed rule clarifies that evidence presented by the parties in a
default proceeding is not limited to any materials exchanged in
discovery, because a default proceeding may occur before discovery has
concluded or even begun. Finally, the rule contains updated cross
references and additional references to ``counterclaims,'' where
earlier references only addressed ``claims.''
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\15\ 37 CFR 222.5(b)(3)(i).
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Conclusion
The Office finds good cause to issue these regulations as final
interim rules, with an immediate effective date.\16\ We believe that
notice and public comment are unnecessary for certain insignificant
changes, including typographical errors, updated cross references, and
clarifications. Although the rules governing district court referrals,
proof of service forms, default proceedings, and law student
representation could benefit from public comment, notice
[[Page 77520]]
and public comment in advance of this rule's publication is
impracticable, as the CCB has already begun operations and started
accepting claims. For example, the CCB must have rules in place for
district court referrals, as one such referral has already been made to
the CCB. Accordingly, the Office is publishing this rule as final
without first issuing a notice of proposed rulemaking, but seeks public
comment regarding the subjects of this interim rule for any future
amendments deemed appropriate.
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\16\ 5 U.S.C. 553(b)(B), (d)(3).
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List of Subjects in 37 CFR Parts 222, 224, 225, 233, 234, and 235
Claims, Copyright.
Interim Regulations
For the reasons stated in the preamble, the U.S. Copyright Office
amends 37 CFR parts 222, 224, 225, 233, 234, and 235 as follows:
PART 222--PROCEEDINGS
0
1. The authority citation for part 222 continues to read as follows:
Authority: 17 U.S.C. 702, 1510.
0
2. Amend Sec. 222.5 by revising the last sentence of paragraph
(b)(3)(i) to read as follows:
Sec. 222.5 Service; waiver of service; filing.
* * * * *
(b) * * *
(3) * * *
(i) * * * A claimant shall submit a completed proof of service
document, using either the proof of service form available on the
Board's website or a substantively similar proof of service document
that provides all of the information required by the Board's form.
* * * * *
0
3. Amend Sec. 222.9 as follows:
0
a. Revise paragraphs (c)(2)(i) through (iii);
0
b. Add paragraph (c)(2)(iv);
0
c. Revise paragraphs (c)(3)(iii)(E) and (G);
0
d. Revise paragraphs (c)(4)(iii) introductory text, (c)(4)(iii)(C),
(c)(6), (d) introductory text, and (d)(5);
0
e. Redesignate paragraph (d)(6) as paragraph (d)(7); and
0
f. Add new paragraph (d)(6).
The revisions and additions read as follows:
Sec. 222.9 Counterclaim.
* * * * *
(c) * * *
(2) * * *
(i) A counterclaim for infringement of an exclusive right in a
copyrighted work provided under 17 U.S.C. 106;
(ii) A counterclaim for a declaration of noninfringement of an
exclusive right in a copyrighted work provided under 17 U.S.C. 106;
(iii) A counterclaim under 17 U.S.C. 512(f) for misrepresentation
in connection with--
(A) A notification of claimed infringement; or
(B) A counter notification seeking to replace removed or disabled
material; or
(iv) A counterclaim that arises under an agreement pertaining to
the same transaction or occurrence that is the subject of a claim of
infringement brought under 17 U.S.C. 1504(c)(1), if the agreement could
affect the relief awarded to the claimant;
(3) * * *
(iii) * * *
(E) Whether the alleged infringement has continued through the date
the counterclaim was filed, or, if it has not, when the alleged
infringement ceased;
* * * * *
(G) If the infringement counterclaim is asserted against an online
service provider as defined in 17 U.S.C. 512(k)(1)(B) for infringement
by reason of the storage of or referral or linking to infringing
material that may be subject to the limitations on liability set forth
in 17 U.S.C. 512(b), (c), or (d), an affirmance that the
counterclaimant has previously notified the service provider of the
claimed infringement in accordance with 17 U.S.C. 512(b)(2)(E), (c)(3),
or (d)(3), as applicable, and that the service provider failed to
remove or disable access to the material expeditiously upon the
provision of such notice;
(4) * * *
(iii) A brief description of the activity at issue in the
counterclaim, including, to the extent known to the counterclaimant:
* * * * *
(C) Whether the activities at issue have continued through the date
the counterclaim was filed;
* * * * *
(6) For infringement counterclaims, misrepresentation
counterclaims, and counterclaims arising under an agreement as provided
in paragraph (a)(2), a statement describing the harm suffered by the
counterclaimant(s) as a result of the alleged activity and the relief
sought by the counterclaimant(s). Such statement may, but is not
required to, include an estimate of any monetary relief sought;
* * * * *
(d) Additional matter. The counterclaimant may also include, as
attachments to or files that accompany the counterclaim, any material
the counterclaimant believes plays a significant role in setting forth
the facts of the counterclaim, such as:
* * * * *
(5) A copy of the counter notification that is alleged to contain
the misrepresentation;
(6) A copy of any agreements related to the counterclaim, including
any amendments or revisions; and
* * * * *
0
4. Amend Sec. 222.10 as follows:
0
a. Revise paragraphs (b)(3) through (5) and (c)(5);
0
b. Redesignate paragraph (c)(6) as paragraph (c)(7); and
0
c. Add new paragraph (c)(6).
The revisions and addition are as follows:
Sec. 222.10 Response to counterclaim.
* * * * *
(b) * * *
(3) For infringement counterclaims, as set forth in 37 CFR
222.9(c)(2)(i), a statement describing in detail the dispute regarding
the alleged infringement, including any defenses as well as any reason
why the counterclaim respondent believes there was no infringement of
copyright, including any exceptions and limitations as set forth in 17
U.S.C. 107 through 122 that are implicated;
(4) For declaration of noninfringement counterclaims, as set forth
in 37 CFR 222.9(c)(2)(ii), a statement describing in detail the dispute
regarding the alleged infringement, including any defenses as well as
reasons why the counterclaim respondent believes there is infringement
of copyright;
(5) For misrepresentation counterclaims, as set forth in 37 CFR
222.9(c)(2)(iii), a statement describing in detail the dispute
regarding the alleged misrepresentation, including any defenses as well
as an explanation of why the counterclaim respondent believes the
identified words do not constitute misrepresentation; and
* * * * *
(c) * * *
(5) A copy of the counter notification that is alleged to contain
the misrepresentation;
(6) A copy of any agreements related to the counterclaim, including
any amendments or revisions; and
* * * * *
0
5. Amend Sec. 222.15 by revising paragraph (b)(1)(ii) to read as
follows
Sec. 222.15 Written testimony on the merits.
* * * * *
(b) * * *
(1) * * *
(ii) Except when testimony is submitted pursuant to Sec. 227.2 or
Sec. 227.4
[[Page 77521]]
of this subchapter, direct or response documentary evidence shall only
include documents that were served on opposing parties pursuant to the
scheduling order, absent leave from the Board, which shall be granted
only for good cause.
* * * * *
PART 224--REVIEW OF CLAIMS BY OFFICERS AND ATTORNEYS
0
6. The authority citation for part 224 continues to read as follows:
Authority: 17 U.S.C. 702, 1510.
0
7. Amend Sec. 224.2 by revising the first sentence of paragraph (c) to
read as follows:
Sec. 224.2 Dismissal for unsuitability.
* * * * *
(c) At any time, any party who believes that a claim or
counterclaim is unsuitable for determination by the Board may file a
request providing the basis for such belief. * * *
PART 225--DISCOVERY
0
8. The authority citation for part 225 continues to read as follows:
Authority: 17 U.S.C. 702, 1510.
0
9. Amend Sec. 225.2 by revising paragraphs (a)(2) and (3), (b)
introductory text, (b)(1) and (11), (c) introductory text, (c)(6), (d)
introductory text, (e) introductory text, and (e)(1) to read as
follows:
Sec. 225.2 Standard interrogatories.
(a) * * *
(2) The identity of any other individuals who may have material
information related to the claims, counterclaims, or defenses,
including contact information for the individuals, if known;
(3) Any agreement or other relationship between the parties
relevant to the claim or counterclaim;
* * * * *
(b) For a party asserting infringement. In addition to paragraph
(a) of this section, the standard interrogatories for a party asserting
an infringement claim or counterclaim or responding to a claim or
counterclaim for non-infringement shall consist of information
pertaining to:
(1) The allegedly infringed work's copyright registration, to the
extent such information differs from or adds to information provided in
the claim or counterclaim;
* * * * *
(11) Any attempts by the party to cause the infringement to be
ceased or mitigated prior to bringing the claim or counterclaim.
(c) For a party asserting non-infringement. In addition to the
information in paragraph (a) of this section, the standard
interrogatories for a party responding to an infringement claim or
counterclaim or asserting a claim or counterclaim for non-infringement
shall consist of information pertaining to:
* * * * *
(6) All defenses to infringement asserted by the party and a
detailed basis for those defenses. Defenses listed in timely answers
and timely updated answers to the standard interrogatories shall be
considered by the Board and will not require an amendment of the
response to an infringement claim or counterclaim or an amendment of a
claim or counterclaim for non-infringement;
* * * * *
(d) For a party asserting misrepresentation. In addition to the
information in paragraph (a) of this section, the standard
interrogatories for a party asserting a claim or counterclaim of
misrepresentation under 17 U.S.C. 512(f) shall consist of information
pertaining to:
* * * * *
(e) For a party responding to misrepresentation claims or
counterclaims. In addition to the information in paragraph (a) of this
section, the standard interrogatories for a party responding to a claim
or counterclaim of misrepresentation under 17 U.S.C. 512(f) shall
consist of information pertaining to:
(1) All defenses asserted to the misrepresentation claim or
counterclaim and the basis for those assertions. Defenses listed in
timely answers and timely updated answers to the standard
interrogatories shall be considered by the Board and will not require
an amendment of the response;
* * * * *
0
10. Amend Sec. 225.3 by revising paragraphs (a)(1) through (3), (b)
introductory text, (b)(7), (c) introductory text, (d) introductory
text, and (e) introductory text to read as follows:
Sec. 225.3 Standard requests for the production of documents.
(a) * * *
(1) All documents the party is likely to use in support of its
claims, counterclaims, or defenses;
(2) All other documents of which the party is reasonably aware that
conflict with the party's claims, counterclaims, or defenses in the
proceeding; and
(3) All documents referred to in, or that were used in preparing,
any of the party's responses to standard interrogatories.
(b) For a party asserting infringement. In addition to the
information in paragraph (a) of this section, the standard requests for
the production of documents for a party asserting an infringement claim
or counterclaim or responding to a claim or counterclaim for non-
infringement shall include copies of:
* * * * *
(7) Documents showing attempts by the party to cause the cessation
or mitigation of infringement prior to bringing the claim or
counterclaim.
(c) For a party asserting non-infringement. In addition to the
information in paragraph (a) of this section, the standard requests for
the production of documents for a party responding to an infringement
claim or counterclaim or asserting a claim or counterclaim for non-
infringement shall include copies of:
* * * * *
(d) For a party asserting misrepresentation. In addition to the
information in paragraph (a) of this section, the standard requests for
the production of documents for a party asserting a claim or
counterclaim of misrepresentation under 17 U.S.C. 512(f) shall include
copies of:
* * * * *
(e) For a party responding to misrepresentation claims or
counterclaims. In addition to the information in paragraph (a) of this
section, the standard requests for the production of documents for a
party responding to a claim or counterclaim of misrepresentation under
17 U.S.C. 512(f) shall include copies of:
* * * * *
PART 233--LIMITATION ON PROCEEDINGS
0
11. The authority citation for part 233 continues to read as follows:
Authority: 17 U.S.C. 702, 1510.
0
12. Amend Sec. 233.2 by adding paragraph (d) to read as follows:
Sec. 233.2 Limitation on proceedings.
* * * * *
(d) District court referrals. In calculating the number of
proceedings that have been filed by a claimant, sole practitioner,
legal counsel, or a law firm under this section, claims referred by
district courts will not be considered.
[[Page 77522]]
PART 234--LAW STUDENT REPRESENTATIVES
0
13. The authority citation for part 234 continues to read as follows:
Authority: 17 U.S.C. 702, 1510.
0
14. Amend Sec. 234.1 by revising paragraphs (a)(1), (c), and (f) to
read as follows:
Sec. 234.1 Law student representatives.
(a) * * *
(1) State law compliance. Any law student who is affiliated with a
law school clinic or a pro bono legal services organization with a
connection to the student's law school is qualified under applicable
laws governing representation by law students of parties in legal
proceedings, and meets the other requirements of this section may
appear before the Copyright Claims Board (Board). Applicable laws are
the laws, court rules, or bar rules of the jurisdiction that allow,
authorize, or permit the student to practice law in conjunction with a
law school clinic or pro bono legal services organization with a
connection to the student's law school.
* * * * *
(c) Attorney supervision. A law student who appears on behalf of a
party in a proceeding before the Board shall be supervised by an
attorney who is qualified under applicable state law governing
representation by law students, as specified in paragraph (a) of this
section. In supervising the law student, the attorney shall adhere to
any rules regarding participant conduct.
* * * * *
(f) Notice of appearance. In any proceeding in which a law student
appears on behalf of a party, a notice of appearance shall be filed
identifying the law student representative, the supervising attorney,
and the law school clinic or pro bono legal organization with which
they are affiliated, unless already identified in the party's claim,
counterclaim, or response.
* * * * *
0
15. Part 235, consisting of Sec. 235.1, is added to read as follows:
PART 235--DISTRICT COURT REFERRALS
Authority: 17 U.S.C. 702, 1509(b), 1510.
Sec. 235.1 District court referrals.
(a) General. This section governs circumstances where a district
court has referred a proceeding to the Board under 17 U.S.C. 1509(b)
and 28 U.S.C. 651, as well as the Copyright Claims Board's (Board's)
authority to suspend or amend certain regulations under this chapter
after such a referral.
(b) Amending or suspending procedural rules. (1) When a district
court has referred a proceeding to the Board, the Board may suspend or
amend rules governing its proceedings in the interests of justice,
fairness, and efficiency, except as identified in paragraph (b)(2) of
this section.
(2) The Board may not suspend or amend the rules governing the
following parts and sections: 37 CFR parts 227 through 232 and 234, 37
CFR 220.1 through 220.4, 37 CFR 222.1, 37 CFR 223.3, or 37 CFR 224.2.
(c) Requirement to contact the Board. When a district court has
referred a proceeding to the Board, the parties to that case should
email the Board (at <a href="/cdn-cgi/l/email-protection#e584968e918d80878a849781a5868687cb828a93"><span class="__cf_email__" data-cfemail="29485a425d414c4b46485b4d694a4a4b074e465f">[email protected]</span></a>) as soon as possible for
further instructions. The Board will issue the parties instructions on
how to continue proceedings before the Board, including how to open a
docket in eCCB without following the standard process to file a claim
and pay a fee.
(d) Fees. When a district court has referred a proceeding to the
Board, a claimant is not required to pay the Board a fee to initiate a
claim under 37 CFR 201.3(g)(1).
Dated: December 2, 2022.
Shira Perlmutter,
Register of Copyrights and Director of the U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2022-27027 Filed 12-16-22; 8:45 am]
BILLING CODE 1410-30-P
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</html>Indexed from Federal Register on December 19, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.