Copyright Office Issues Final Rule for Initiating Copyright Claims Board Proceedings and Related Procedures

Issue No. 952 - March 25, 2022

Pursuant to the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 and after soliciting public comments, the U.S. Copyright Office has published a final rule establishing procedures for the initial stages of a Copyright Claims Board (CCB) proceeding.

The rule provides procedures and requirements for the initial stages of a proceeding, including the following topics:

  • Filing claims,
  • Opting out of proceedings,
  • CCB compliance review,
  • Service of the notice of proceeding and claim,
  • Service and filing of other documents,
  • The CCB’s “second notice,” and
  • Filing responses and counterclaims.

Among other provisions, the final rule institutes a two-part fee for filing a claim; standardizes requirements for the claim, response, and counterclaim; and requires certifying parties to affirm that they have confirmed the accuracy of information in the claim.

Additional information is available here.