U.S. Copyright Office Issues Notification of Inquiry Regarding CASE Act Implementation Regulations

Issue No. 888 - March 26, 2021

Pursuant to the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020, the U.S. Copyright Office has issued a notification of inquiry seeking public comment regarding regulations to establish the new Copyright Claims Board (CCB), an alternative forum in which parties may voluntarily seek to resolve copyright claims of low financial value. The Office’s regulations will govern the CCB’s procedures, including rules addressing service of notice and other documents, waiver of personal service, notifications that parties are opting out of participating in the forum, discovery, a mechanism for certain claims to be resolved by a single CCB Officer, review of CCB determinations by the Register of Copyrights, publication of records, certifications, and fees. The statute further vests the Office with general authority to adopt such regulations as may be necessary or appropriate to effectuate the Board.

The Office is issuing this notification of inquiry as the first step in promulgating the regulations required by the statute. The Office plans to subsequently publish multiple notices of proposed rulemaking, each focusing on one or more regulatory categories.

The notification of inquiry and instructions on how to submit comments are available on the Office’s website. Initial written comments must be received no later than April 26, 2021, at 11:59 p.m. eastern time. Written reply comments must be received no later than May 10, 2021, at 11:59 p.m. eastern time.