including on account of any of the following . AIPLA Initial NOI Comments at 2; Copyright Alliance, et al. 1504(c)(1), a statement describing in detail the dispute regarding the alleged infringement, including any defenses as well as any reason why the counterclaim respondent believes there was no infringement of copyright, including any exceptions and limitations as set forth in 17 U.S.C. 119. at 1506(g)(4). P. 12(b)(6). The claimant brought two claims in the federal lawsuit: (1) copyright infringement and (2) violations under the Digital Millennium Copyright Act (DMCA) for removal of Copyright Management Information. pro se Copyright Claims Board: Active Proceedings and Evidence The Copyright Claims Board: A New Process for Helping Copyright Owners 33. For the response, the Office is particularly interested in comments on an appropriate presentation of possible defenses available to the respondent, any instructional or educational material that would assist the respondent in constructing its response, and any other suggestions that would enhance the respondent's ability to be meaningfully heard and the claimant to be on notice of defenses. Public Law 116-260, sec. at 1504(d)(3). Copyright Small Claims, https://www.copyright.gov/docs/smallclaims/usco-smallcopyrightclaims.pdf. Service of Process and Designated Agents, Subchapter ACopyright Office and Procedures, Subchapter BCopyright Claims Board and Procedures, PART 224REVIEW OF CLAIMS BY OFFICERS AND ATTORNEYS, https://www.federalregister.gov/d/2021-20303, MODS: Government Publishing Office metadata, http://copyright.gov/rulemaking/case-act-implementation/initiating-proceedings/, https://www.copyright.gov/docs/smallclaims/usco-smallcopyrightclaims.pdf, https://www.regulations.gov/document/COLC-2021-0001-0001/comment, https://www.uscourts.gov/sites/default/files/ao440.pdf, http://www.cookcountyclerkofcourt.org/Forms/pdf_files/CCG0001.pdf, https://njcourts.gov/forms/10534_appendix_xi_a2.pdf, https://www.courts.state.md.us/sites/default/files/import/district/forms/acct/dca109.pdf, https://www.courts.ca.gov/documents/filingfees.pdf, https://www.copyright.gov/rulemaking/feestudy2018/fee_study_report.pdf, (1) Filing a claim before the Copyright Claims Board, (2) Designation of a service agent by a corporation, partnership, or unincorporated association under. Under the statute, the CCB must dismiss a claim or counterclaim without prejudice if it concludes that the claim or counterclaim is unsuitable for determination . (d) Designated service agents. 103. Ben Vient Initial NOI Comments at 2; Copyright Alliance, et al. Filing a response to a counterclaim. sec. Initial NOI Comments at 14. 98. 69. 17 U.S.C. Copyright Office launched its new copyright small claims tribunal called the Copyright Claims Board (CCB). Start Printed Page 53907. This second amended complaint is reviewed a final time, with the CCB For a minor or an incompetent individual, service can be effectuated only by complying with State law for serving a summons or like process on such an individual in an action brought in the courts of general jurisdiction of the State where service is made. In addition, the Office is required to create a prescribed initial notice form and is vested with regulatory authority to specify further requirements to be included in the notice. Id. (2) How filing is madein general. In addition to identifying information and certification, the form will ask for short statements from the respondent disputing the facts of the claim and describing the dispute or the reasons claimant's claim has no merit from its point of view. In December 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), which directed the Copyright Office to establish the Copyright Claims Board (CCB). This table of contents is a navigational tool, processed from the This copy may also be accompanied by additional information, such as a hyperlink, that shows any allegedly infringing activity; (4) A copy of the notification of claimed infringement that is alleged to contain the misrepresentation; (5) A copy of the counter notification that is alleged to contain the misrepresentation; and. (E) Where the activities at issue occurred; (iv) A brief statement describing the reasons why the claimant believes that no infringement occurred, including any relevant history or agreements between the parties and whether any exceptions and limitations as set forth in 17 U.S.C. The Office believes that this should offer sufficient incentive to parties to keep their designations current. provide legal notice to the public or judicial notice to the courts. means the notice of a proceeding sent by the Copyright Claims Board as described in 17 U.S.C. 90. (c) Soc'y for Collective Rights Licensing, Am. (g) The statute contemplates that the parties could agree to a CCB proceeding in lieu of further litigation. This information is not part of the official Federal Register document. 83. Second Notice by or on behalf of the Board. corporations, partnerships, or unincorporated associations. Finally, the proposed rule provides that if the CCB determines that a designation does not qualify, or if it has reason to believe the submitter does not have authority to make the designation, CCB staff will notify the submitter that the designation will be removed. provider as defined in 17 U.S.C. (2) Completing the paper opt-out notification form included with the initial notice and second notice and delivering it to the Board, by one of the methods described in 37 CFR 222.5(e)(ii)(A) through (D). Learn more about whether the CCB is for you, what to do if you want to initiate a claim or if a claim has been filed against you, and where to get more information. If the service agent is one authorized by statute and the statute so requires, the claimant must also mail a copy of the notice and claim to the respondent. 74. Counterclaims are subject to the same compliance review.[25]. edition of the Federal Register. at 1506(i). Timing of counterclaim. Electronic filing requirement. 2426 and S. 1273, the CASE Act of 2019, a bill nearly identical to the CASE Act of 2020. If the Board determines that a submitted service agent designation does not qualify under this section or if it has reason to believe that the submitter was not authorized by law to make the designation on behalf of the corporation, partnership, or unincorporated association, it will notify the submitter that it intends not to add the record to the directory, or that it intends to remove (or not approve) the record from the directory and will provide the submitter ten calendar days to respond. After the claimant files a claim, the claim shall be reviewed by a Copyright Claims Attorney to ensure that the claim complies with [chapter 15] and applicable regulations.[21] Some CRB filings dated June 16, 2017, or earlier are available through eCRB. Once the respondent receives notice of the claim, the respondent has sixty days to opt out of the proceeding before the CCB, although the CCB can extend that period in the interests of justice, such as for a delay in the receipt of a second notice due to a claimant's failure to file proof of service in a timely manner. should verify the contents of the documents against a final, official The Copyright Office has established the following fees for specific services related to the Copyright Claims Board: Table 4 to Paragraph ( Contents of the claim. Not included in this proposed rule is a specific mechanism for a respondent to revoke an opt-out for a particular claim. What is the Copyright Claims Board (CCB)? & Songwriters of N. Am. 17 U.S.C. Id. P. 12(h). 37. The certification shall include the typed, printed, or handwritten signature of the claimant(s), and if the signature is handwritten it shall be accompanied by a typed or printed name. 49. (v) The typed, printed, or handwritten signature of the respondent, and if the signature is handwritten it shall be accompanied by a typed or printed name. to the best of the certifying party's knowledge. The issue of unsuitability may be taken up by the Board at any time during the proceedings, whether during compliance review or thereafter.[30]. This approach resembles the general requirement of asserting a compulsory counterclaim in federal court. initial notice (i) Except as provided in paragraph (d)(1)(ii) of this section, the Board shall serve one copy of all orders, notices, decisions, rulings on motions, and similar documents issued by the Board upon each party in accordance with paragraph (d)(3) of this section. 116-105, at 2. If you are human user receiving this message, we can add your IP address to a set of IPs that can access FederalRegister.gov & eCFR.gov; complete the CAPTCHA (bot test) below and click "Request Access". 66. S. Rep. No. The Office envisions a notice that, as is the case with summonses issued by federal courts, is clear and concise and is easy to understand. Each document posted on the site includes a link to the (2) A service agent designation shall be accompanied by the fee set forth in 37 CFR 201.3. Except as provided, otherwise in this paragraph, to submit the claim and filing fee, the claimant must be a registered user of the Board's electronic filing system. Id. The amount of fees must further the goals of the Copyright Claims Board.[112]. 2426) (October 22, 2019), Notification to House on Status of the Copyright Claims Board, Notification to Senate on Status of the Copyright Claims Board. 82. L. Sec. (i) Whether the claimant is the legal or beneficial owner of rights in a work protected by copyright and, if there are any co-owners, their names; (ii) The following information for each work at issue in the claim: (C) If a copyright registration has issued for the work, the registration number and effective date of registration; (D) If an application for copyright registration has been submitted but a registration has not yet issued, the service request number (SR number) and application date; and. (B) A counter notification seeking to replace removed or disabled material; (3) The name(s) and address(es) of the claimant(s); (4) The name(s) and address(es) of the respondent(s); (5) For a claim asserted under paragraph (b)(2)(i) of this section. 106. Pursuant to the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020, the U.S. The CCB cannot issue injunctive relief, but can require that an infringing party cease or mitigate its infringing activity in the event such party agrees and the agreement is reflected in the proceeding's record. (6) State that the respondent has the right to opt out of participating in the proceeding, and that the consequence of opting out is that the proceeding will be dismissed without prejudice and the claimant will have to determine whether to file a lawsuit in a federal district court; (7) State that if the respondent does not opt out within 60 days from the day the respondent received the initial notice, the consequences are that the proceeding will go forward and the respondent will. The authority citation for part 223 continues to read as follows: Authority: 54. As discussed in the NOI,[119] After the Office reviews the comments received in response to this notification of inquiry, the Office plans to publish multiple notices of proposed rulemaking, each focusing on one or more of the regulatory categories discussed in the notification. July 5, 2023 (a) The Copyright Claims Board: Worrying Implications for Scholarship Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. better and aid in comparing the online edition to the print edition. Notwithstanding the above, unless the Board orders otherwise, discovery requests and responses must not be filed unless they are used in the proceeding, as needed, in relation to discovery disputes or submissions on the merits. The Office received a number of comments regarding the ability of a corporate parent to act as a designated agent on behalf of a subsidiary. Content of initial notice. Note, the CASE Act legislative history cited is for H.R. Public Knowledge, Re:Create, Ctr. 86 FR at 16161. 35. 1506(aa)(1), 1507(b)(2)(A). (1) When opting out via the online form under paragraph (c)(1) of this section, the respondent's opt out notification must be completed by midnight Eastern Time on the last day of the opt out period. 106; and. at 1506(e). Sen. Dick Durbin, Sen. John Kennedy & Rep. Hakeem Jeffries Initial NOI Comments at 1 (stating that CCB forms should be user-friendly, with simplified forms and guidance provided in such a way that parties will not feel compelled to hire an attorney to understand and assist them with the process) (emphasis omitted); Am. (5) The designated service agent submission shall include: (i) The legal name, business address, email, and telephone number of the corporation, partnership, or unincorporated association; (ii) The principal place of business of the corporation, partnership, or unincorporated association; (iii) For corporations, the state of incorporation, any associated state file or registration number, and all other states in which the corporation is registered to do business; (iv) Up to five trade names of the corporation, partnership, or unincorporated association, as described by paragraph (b)(3) of this section; (v) The name, business address (or, if the agent does not have a business address, the address of the residence of), email, and telephone number of the designated service agent; (vi) The submitter's name, email, and telephone number; and. In this notice, the Office proposes procedures related to the filing of a claim, the CCB's subsequent review of the claim to ensure that it complies with statutory requirements and the Office's regulations (referred to in this rulemaking as the CCB's compliance review), service, issuance of notice of the claim, the respondent's opt-out election, responses, and counterclaims. If the claimant attempts to refile a claim against the same respondent(s), covering the same acts and the same theories of recovery after the respondent's initial opt-out notification, the Board will apply the prior opt-out election and dismiss the claim. The Office also requested input on the method of servicespecifically, whether the second notice should be sent by or on behalf of the CCB, whether the second notice should be posted to the online filing system or delivered by mail or email, and how delivery should be documented.[78]. (4) The typed, printed, or handwritten signature of the respondent, and if the signature is handwritten, it shall be accompanied by a typed or printed name. Copyright Claims Board (CCB) Explained | Copyright Alliance Service of other documents. Under the statute, such corporations, partnerships, or unincorporated associations may elect to receive CCB claim notices via a designated service agent. 28. But the CCB can only hear three kinds of claims and removal of Copyright Management Information under the DMCA is not one of them. 1506(e); or. 16. The Copyright Office has issued several notices of proposed rulemaking (NPRMs), which set forth the proposed rules for how a case before the CCB will be handled from the initiation of a claim through a final determination. The CCB may also hear counterclaims that either arise[] under section 106 or section 512(f) and out of the same transaction or occurrence that is the subject of a claim of infringement, . SPEAK TO A DYNAMIC LOGISTIX. 10. or Whitney Levandusky, Supervisory Attorney-Advisor, by email at (d) Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. During a hearing before U.S. District Judge Maryellen Noreika, Clark revealed . Upon being properly served with a notice and claim, a respondent may complete the opt-out process by. Both can be reached by telephone at 202-707-8350. 81. H.R. the Office has not included such a requirement in the proposed rule. the proposed rule clarifies that the CCB's clearance of a claim for notice is not an endorsement of the facts and statements asserted in the claim. at 1510(c). 116-105, at 9-10. This article appeared in The Intellectual Property Strategist, an ALM/Law Journal Newsletters publication that provides a practical source of both business and litigation tactics in the fast . Waiver of personal service. include explanations of copyright law,[42] 1506(f)(1)(A). Mailing it to the person's last known address, in which event service is complete upon mailing it to the person; (2) (3) As discussed below, the respondent will be able to raise counterclaims.

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