Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 Rulemakings
CASE Act Related Rulemakings
| Title | Docket Number | Topic | Action(s) |
|---|---|---|---|
| CASE Act and the Copyright Claims Board (CCB) Implementation Regulations | 2021-1 | General notification soliciting public comments on subjects relevant to promulgating implementation regulations for the CASE Act and Copyright Claims Board. These comments were used to initiate parallel rulemaking proceedings covering more specific topics. | March 26, 2021 - Notification of Inquiry |
| Small Claims Expedited Registration Procedures and FOIA Conforming Amendment | 2021-2 | This rule creates procedures for a new expedited registration option for unregistered works that are at issue before an active Copyright Claims Board proceeding. This rule also implements a conforming amendment to the Office’s Freedom of Information Act (FOIA) regulations to address the applicability of FOIA to the Copyright Claims Board. | April 22, 2022 - Final Rule; Correction August 18, 2021 - Final Rule April 26, 2021 - Notice of Proposed Rulemaking |
| Technical Amendments Regarding the Copyright Office’s Organizational Structure | 2021-3 | Among making other changes that are unrelated to the CASE Act, this rule added a new section to reflect the agency structure with respect to the Copyright Claims Board. | June 22, 2021 - Final Rule |
| Small Claims Procedures for Library and Archives Opt-Outs and Class Actions | 2021-4 | This notice of proposed rulemaking proposes procedures for libraries and archives to preemptively opt out of proceedings before the Copyright Claims Board. It also proposes procedures related to federal court class action proceedings for a party who is before the Board. | March 9, 2022 - Final Rule September 2, 2021 - Notice of Proposed Rulemaking |
| Copyright Claims Board: Initiation of Proceedings and Related Procedures | 2021-6 | This notice of proposed rulemaking proposes procedures for initiating proceedings, service, opting out, and filing a response and any counterclaims before the Copyright Claims Board. It also proposes requirements regarding the Board’s designated service agent directory. | April 22, 2022 - Final Rule; Correction March 25, 2022 - Final Rule March 8, 2022 - Partial Final Rule September 29, 2021 - Notice of Proposed Rulemaking |
| Copyright Claims Board: Active Proceedings and Evidence | 2021-8 | This final rule adopts a variety of procedures related to conducting an active proceeding, including procedural practice and party management, written testimony, hearings, discovery, and conduct of parties. It also adopts requirements regarding post-determination procedures for rehearing and the Register's review. The January 16, 2024, final rule amends the procedures for “smaller claims” proceedings. |
January 16, 2024 - Smaller Claims Procedures Final Rule June 15, 2022 - Correction May 17, 2022 - Final Rule December 8, 2021 - Notice of Proposed Rulemaking |
| Law Student and Business Entity Representation | 2021-9 | This notice of proposed rulemaking proposes procedures governing representation of parties by law students and representation of business entities by authorized individuals in proceedings before the Copyright Claims Board. | April 8, 2022 - Final Rule December 30, 2021 - Notice of Proposed Rulemaking |
| Copyright Claims Board: District Court Referrals; Proof of Service Forms; Default Proceedings; Law Student Representation | 2022-6 | This final rule creates procedures for district court referrals and clarifies rules governing proof of service forms, default proceedings, and the appearance of law student representatives. | July 31, 2023 - Final Rule December 19, 2022 - Interim Rule; Request for Comments |
| Copyright Claims Board: Agreement-Based Counterclaims | 2023-4 | This rule contains requirements for asserting or responding to agreement-based counterclaims as well as standard interrogatories and standard requests for the production of documents. | July 27, 2023 - Final Rule May 3, 2023 - Notice of Proposed Rulemaking; Request for Comments |
| Copyright Claims Board: Final Determination Certification | 2024-5 | This final rule modifies the process and fee to obtain a certified final determination from the Copyright Claims Board. | October 4, 2024 - Final Rule |
Ex Parte Meetings
- Ex parte meetings are informal consultations between the Copyright Office and interested parties to discuss targeted issues related to the merits of a particular rulemaking. Parties who engage in such a meeting are required to comply with the Office’s ex parte meeting regulations.
- On September 11, 2023, the Office’s regulations governing ex parte meetings went into effect. Instructions on requesting an ex parte meeting with the Office and related reporting responsibilities are available on the Office’s Ex Parte Meetings webpage.
- Once any CASE Act rulemaking ex parte meetings take place, the summaries will be found on this page.