Copyright Claims Board: Agreement-Based Counterclaims

The Copyright Office has published regulations 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 Office previously published multiple rules governing the conduct of proceedings before the CCB, including filing claims and counterclaims, responses to claims and counterclaims, and discovery. After reviewing its regulations, the Office added rules governing agreement-based counterclaims.

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