Copyright Claims Board: Initiation of Proceedings and Related Procedures

Pursuant to the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 and after soliciting public comments, the U.S. Copyright Office has published a final rule establishing procedures for the initial stages of a Copyright Claims Board (CCB) proceeding. The rule addresses the following topics:

  • Filing a claim,
  • CCB review of a claim to ensure that it complies with relevant statutory requirements and regulations (“compliance review”),
  • Service of the notice of proceeding and claim,
  • Service and filing of other documents,
  • The communication sent by the CCB to notify a respondent of a pending proceeding (“second notice”),
  • Opting out of a proceeding, and
  • Filing a response or counterclaim.

The final rule alters certain procedures and requirements in the proposed rule, including by instituting a two-part fee structure for filing a claim; standardizing requirements for claims, counterclaims, and responses; amending the information required in the initial and second notices; and adjusting the claim and response certification requirements.

The final rule also addresses commenters’ views regarding rescission of opt-outs by respondents and whether claimants can opt out of counterclaims.

Please note that on March 8, 2022, the Copyright Office also issued a partial final rule in this rulemaking that promulgated regulations establishing requirements and procedures for corporations, partnerships, and unincorporated associations to designate agents to receive service of claims in CCB proceedings. These entities will be able to designate services agents through an online form, available later this spring. The Office will announce the availability of the portal through its NewsNet email service.