§ 220.1 Definitions.

For purposes of this subchapter:

Active proceeding(a) denotes a claim in which the claimant has filed proof of service and the respondent has not, within the sixty day opt-out period, submitted an opt-out notice to the Copyright Claims Board (Board).

Authorized representative(b) means a person, other than legal counsel, who is authorized under this subchapter to represent a party before the Board.

Bad-faith conductactive proceeding.(c) occurs when a party pursues a claim, counterclaim, or defense for a harassing or other improper purpose, or without a reasonable basis in law or fact. Such conduct includes any actions taken in support of a claim, counterclaim, or defense and may occur at any point during a proceeding before the Board, including before a proceeding becomes an

Default determinationfinal determination(d) is a issued as part of the default procedures set forth in 17 U.S.C. 1506(u) when the respondent does not participate in those procedures.

Final determinationactive proceedingfinal determination(e) is a decision that concludes an before the Board and is binding only on the participating parties. A generally assesses the merits of the claims in the proceeding, except when issued to dismiss a claimant's claims for failure to prosecute.

Initial notice(f) means the notice described in 17 U.S.C. 1506(g) that is served on a respondent in a Board proceeding along with the claim.

Second notice(g) means the notice of a proceeding sent by the Board as described in 17 U.S.C. 1506(h).

Standard interrogatoriesactive proceeding(h) are written questions provided by the Board that a party in an must answer as part of discovery.

Standard requests for the production of documentsactive proceeding.(i) are written requests provided by the Board requiring a party to provide documents, other information, or tangible evidence as part of discovery in an