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 notice of proposed rulemaking proposes 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 proposes requirements regarding post-determination procedures for rehearing and the Register’s review. | 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 interim rule creates procedures for district court referrals and clarifies rules governing proof of service forms, default proceedings, and the appearance of law student representatives. | December 19, 2022 - Interim Rule; Request for Comments |
| Copyright Claims Board: Agreement-Based Counterclaims | 2023-4 | This proposed rule contains requirements for asserting or responding to “agreement-based” counterclaims as well as standard interrogatories and standard requests for the production of documents for these claims. | May 3, 2023 - Notice of Proposed Rulemaking; Request for Comments |
Ex Parte Communications
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 are required to summarize the discussion at the meeting, including information on which individuals and parties attended the meeting, in accordance with the ex parte guidelines found on this page. Once any CASE Act rulemaking ex parte meeting takes place, the summaries will be found here.
Ex Parte Guidelines
In its March 26, 2021, notification of inquiry, the Copyright Office indicated that it would consider requests from interested participants for informal communications with the Office to discuss targeted issues related to the merits of a CASE Act rulemaking. To ensure that such communications are governed by transparent and consistent procedures, the Office is issuing the following guidelines:
- Any interested participant seeking a virtual ex parte meeting with the Office in a CASE Act rulemaking should submit a written request to John Riley, Assistant General Counsel, at [email protected], and Brittany Lamb, Attorney-Advisor, at [email protected]. The request should identify (1) the names of all proposed attendees, and (2) the party or parties on whose behalf each attendee is appearing.
- Ex parte meetings with the Office are intended to provide an opportunity for participants to clarify evidence or arguments made in prior written submissions and to respond to questions from the Office on those matters. The Office will generally not consider or accept new documentary materials outside the rulemaking record.
- Within two business days after the meeting, the attendees must email the Office (using the above email addresses) a letter detailing the information identified in paragraph 1 and summarizing the discussion at the meeting. The letter must summarize the substance of the views expressed and arguments made in such a way that a non-participating party will understand the scope of issues discussed; merely listing the subjects discussed or providing a one to two sentence description will not be sufficient. These letters will be made publicly available on the Copyright Office’s website.