Small Claims Procedures for Library and Archives Opt-Outs and Class Actions

The U.S. Copyright Office has issued a proposed rule to establish procedures by which a library or archive may preemptively opt out of Copyright Claims Board (CCB) proceedings. The proposed rule also sets forth procedures relating to class actions involving the same transaction or occurrence as a claim before the CCB. Public comments are due by 11:59 p.m. eastern time on October 4, 2021.

The Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 directs the Register of Copyrights to establish regulations permitting a library or archive that does not wish to participate in proceedings before the CCB to preemptively opt out of such proceedings. The proposed rule includes procedures by which a library or archives may notify the Office of its intention to opt out. The proposed rule also provides that the Office will maintain a list of libraries and archives that have opted out on its website.

With respect to class action proceedings, the proposed rule provides that any party to an active CCB proceeding who receives notice of a class action arising out of the same transaction or occurrence as the CCB proceeding must either opt out of the class action or seek written dismissal of the CCB within fourteen days of receiving the class action notice.

For additional information, please visit the Office’s website.