Copyright Claims Board: Agreement-Based Counterclaims

The Copyright Office issued a notice of proposed rulemaking regarding Copyright Claims Board procedures governing “agreement-based” counterclaims. These counterclaims can be brought only in response to an infringement claim and must be based on an agreement (for example, a contract) covering the same circumstances as the infringement claim. Further, these counterclaims can only be brought if the agreement at issue could affect the relief awarded to the claimant for their infringement claim.

The Office previously published multiple rules governing the conduct of proceedings before the CCB, including filing claims and counterclaims, responses to claims and counterclaims, and discovery. After reviewing its regulations, the Office is proposing to add rules governing agreement-based counterclaims.

The 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.

Written comments were due June 20, 2023.