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Copyright Office Proposes Small Claims Procedures for Active Proceedings and Evidence

Issue No. 938 - December 8, 2021


The U.S. Copyright Office is proposing procedures governing active proceedings before the Copyright Claims Board (CCB) and post-determination procedures, as directed by the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020.

The CASE Act directs the Register to establish regulations by which the CCB will conduct its proceedings. Today’s proposed rule sets forth a variety of procedures related to conducting an active proceeding, including procedural practice and party management, written testimony, hearings, discovery, and conduct of parties. The Office published an earlier, related NPRM on initiating proceedings and related procedures.

Initial comments in response to the proposed rule are due no later than 11:59 p.m. eastern time on Monday, February 7, 2022; reply comments are due no later than 11:59 p.m. eastern time on Tuesday, February 22, 2022.

Additional information is available here.