U.S. Copyright Office Issues a Final Rule Regarding Agreement-Based Counterclaims Before the Copyright Claims Board

Issue No. 1013 - July 27, 2023

The Copyright Office issued a final rule regarding the Copyright Claims Board’s procedures governing “agreement-based counterclaims.” Agreement-based counterclaims are counterclaims based on an agreement pertaining to the same transaction or occurrence that is the subject of a claim of infringement, if the agreement could affect the relief awarded to the claimant.

The final rule contains requirements for asserting or responding to agreement-based counterclaims as well as standard interrogatories and standard requests for the production of documents.

More information is available here.