Small Claims Procedures for Library and Archives Opt-Outs and Class Actions
The U.S. Copyright Office is proposing procedures for a library or archive to preemptively opt out of Copyright Claims Board (CCB) proceedings, as directed by the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020. Additionally, the Office is proposing procedures to address a party’s decision to participate in or opt out of a class action arising out of the same transaction or occurrence as a claim before the CCB.
The CASE Act directs the Register to establish regulations allowing a library or archives that does not wish to participate in proceedings before the CCB to preemptively opt out of all 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.
Comments in response to the proposed rule are due by 11:59 p.m. eastern time on October 4, 2021.