Copyright Claims Board/CCB Archives

Copyright Office Issues New Rule

by Jodi Benassi | Aug 17, 2023 | Copyrights

Adopting its interim rule from December 2022, the US Copyright Office issued a final rule that governs district court referrals, proof of service forms, default proceedings and the appearance of law student representatives before the Copyright Claims Board (CCB).

District Court Referrals

CCB proceedings qualify as alternative dispute resolution processes under 28 U.S.C. § 651 for purposes of referral of eligible cases by US district courts upon consent of the parties. The CCB was created to resolve certain copyright claims more efficiently and at a lower cost than a district court. In furtherance of this objective, the CCB has the authority to adjust or suspend certain rules that would otherwise apply if doing so would be in the interest of efficiently resolving the dispute. The new rule excludes district court referrals from the limits on the number of proceedings a claim, attorney or law firm may file with the CCB and does not require a claimant to pay a filing fee for such a proceeding.

Proof of Service Forms

Claimants may file either the proof of service form provided on the CCB’s website or an alternative proof of service form that contains all of the information required by the CCB-provided form.

Evidence in Default Proceedings

Evidence presented by the parties in a default proceeding is not limited to materials exchanged during discovery, as a default proceeding may occur before discovery has begun.

Law Student Representatives

The final rule allows for law student representatives, provided that they qualify under the laws, court rules, or bar rules of the jurisdiction that allows, authorizes or permits them to practice law. The CCB’s regulations only govern law students who make a formal appearance in CCB proceedings, rather than those who provide legal assistance to parties in other capacities.

Copyright Claims Board Clarifies Service Rules and Opt-Outs

by Jodi Benassi | Mar 17, 2022 | Copyrights

The US Copyright Office issued two final rules for how companies can designate agents to receive claims and how libraries can preemptively opt out of claims before the Copyright Claims Board (CCB). The agency has been drafting rules governing the CCB since it was established in 2020. The new venue is designed to serve as an alternative forum where parties may voluntarily seek to resolve certain copyright claims regarding any category of copyrighted work.

Companies Can Designate Subsidiaries as Agents of Service

Section 37 CFR § 222.6 (Designated service agents) becomes law effective April 7, 2022. This forthcoming rule will allow corporations, partnerships and unincorporated associations to use the same designated agent for process of service for separate legal entities under their direct or indirect common control. This rule will also allow companies with many subsidiaries to designate one service agent for each of its affiliates.

Libraries and Archives Can Preemptively Opt Out

Section 37 CFR § 223.2 (Libraries and archives opt-out procedures) becomes law effective April 8, 2022. Under this new law, a library or archive that wishes to preemptively opt out of participating in CCB proceedings may do so by submitting written notification to the CCB. The notification must certify that the library or archive qualifies for the limitations on exclusive rights under 17 U.S.C. 108, which provides that it is not an infringement of copyright for a library or archive, or any of its employees acting within the scope of their employment, to reproduce a single copy of a work under certain conditions.

Class Action Opt-Out Procedures

Section 37 CFR § 223.3 (Class action opt-out procedures) becomes law effective April 8, 2022. Under the new law, if a party to an active CCB proceeding receives notice of a pending or putative class action arising out of the same transaction or occurrence as the proceeding before the CCB in which the party is a class member, that party may either opt out of the class action or seek written dismissal of the proceeding before the CCB within 14 days of receiving notice of the pending class action.

Copyright Claims Board’s Proposed Rulemaking: How to Initiate and Respond to a Claim

by Jodi Benassi | Oct 7, 2021 | Copyrights

In January 2021, Congress enacted the Consolidated Appropriations Act. This legislation incorporates the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020, which includes revisions to the Copyright Act with the goal of creating a new venue for copyright owners to enforce their rights without having to file an action in federal court. The new venue, called the Copyright Claims Board (CCB), is designed to serve as an alternative forum where parties may voluntarily seek to resolve certain copyright claims regarding any category of copyrighted work.

On September 29, 2021, the US Copyright Office issued proposed rules in the Federal Register to establish the initial stages of a proceeding before the CCB. The proposed rules prescribe how to file a complaint, a process that includes submitting claim and notice forms online and paying a $100 filing fee. The proposed rulemaking notes that the claim form will require less information than what is required under Federal Rules of Civil Procedure, Rule 12, as practice before the CCB will be less complex than practice in federal courts according to the Copyright Office.

After a claim is filed, a copyright claims attorney will review the claim to ensure compliance with applicable regulations. If the claim is approved, the claimant can proceed to serve the claim within 90 days. If the claim is not approved, the claimant has 30 days to file an amended claim. Counterclaims are subject to the same review process. To pass review muster, the claim must “clearly state a claim upon which relief can be granted.” § 224.1.3. Under the proposed rules, a copyright claims attorney must review the claim or counterclaim for unsuitability on the grounds set out in 17 U.S.C. § 1506(f)(3). If the copyright claims attorney concludes that the claim should be dismissed as unsuitable under CASE he or she shall recommend that the CCB dismiss the claim and set forth the basis for that conclusion. The proposed rulemaking notes that the CCB wants to avoid hearing overbroad or clearly implausible claims.

The respondent will have 60 days to opt out after receiving notice of the claim, or it will lose the opportunity to have the dispute decided in a federal court. The proposed rulemaking prescribes that the initial notice form, provided by the CCB, be similar to a summons and would require the claimant to identify the nature (i.e., infringement, noninfringement or misrepresentation) of the claims being asserted. If the respondent does not respond or opt out within 20 days after the claimant files a proof or waiver of service, then the CCB will send a second notice to supplement the initial notice by mail and email. A respondent can opt out online, using a CCB form or by mail.

All comments to the proposed rulemaking must be received no later than October 29, 2021, 11:59 pm EDT.