§ 225.2 Standard interrogatories. ( a ) *General.* Parties in an *active proceeding* shall use the set of *standard interrogatories* provided on the Board's website. *Standard interrogatories* shall consist of information pertaining to: ( 1 ) The identity of witnesses whom the parties plan to use in the proceeding, including contact information for the witnesses, if known, and a brief description of the subject matter on which they may testify;
( 2 ) The identity of any other individuals who may have material information related to the claims, counterclaims, or defenses, including contact information for the individuals, if known;
( 3 ) Any agreement or other relationship between the parties relevant to the claim or counterclaim;
( 4 ) Any harm suffered or damages sought; and
( 5 ) Any materially responsive documents that the party is aware exist or once existed, but are not in the possession of that party.
( b ) *For a party asserting infringement.* In addition to paragraph (a) of this section, the *standard interrogatories* for a party asserting an infringement claim or counterclaim or responding to a claim or counterclaim for non-infringement shall consist of information pertaining to: ( 1 ) The allegedly infringed work's copyright registration, to the extent such information differs from or adds to information provided in the claim or counterclaim;
( 2 ) For works requiring copyright formalities, the extent the allegedly infringed work complied with such copyright formalities;
( 3 ) The party's ownership of the copyright in the allegedly infringed work;
( 4 ) Publication of the allegedly infringed work;
( 5 ) The creation date and creation process for the allegedly infringed work, including whether the work is a joint or derivative work or was created through employment or subject to an agreement;
( 6 ) Where the allegedly infringed work is a derivative work, the preexisting elements in the work, including ownership of those preexisting elements, and rights to use those preexisting elements;
( 7 ) A description of how the party believes the alleged infringer gained access to the allegedly infringed work;
( 8 ) The basis for the party's belief that the opposing party's activities constitute infringement of the allegedly infringed work;
( 9 ) The discovery of the opposing party's alleged infringement by the party;
( 10 ) A description of any harm suffered and, to the extent known, a calculation of the damages requested by the party as a result of the alleged infringement; and
( 11 ) Any attempts by the party to cause the infringement to be ceased or mitigated prior to bringing the claim or counterclaim.
( c ) *For a party asserting non-infringement.* In addition to the information in paragraph (a) of this section, the *standard interrogatories* for a party responding to an infringement claim or counterclaim or asserting a claim or counterclaim for non-infringement shall consist of information pertaining to: ( 1 ) The party's ownership of the copyright in the allegedly infringing material;
( 2 ) The dissemination history of the allegedly infringing material;
( 3 ) The creation date and creation process for the allegedly infringing material, including whether any allegedly infringing work is a joint or derivative work or was created through employment or subject to an agreement;
( 4 ) Where the allegedly infringing material is a derivative work, the preexisting elements in the work, including ownership of those preexisting elements, and rights to use those preexisting elements;
( 5 ) Any information indicating that the party alleging infringement does not own a copyright in the allegedly infringed work;
( 6 ) All defenses to infringement asserted by the party and a detailed basis for those defenses. Defenses listed in timely answers and timely updated answers to the *standard interrogatories* shall be considered by the Board and will not require an amendment of the response to an infringement claim or counterclaim or an amendment of a claim or counterclaim for non-infringement;
( 7 ) The basis for any other reasons the party believes that its actions do not constitute infringement;
( 8 ) Any continued use or dissemination of the allegedly infringing material; and
( 9 ) For a party responding to infringement claims or counterclaims, the revenues and profits the party has received that are directly related to the sale or use of the allegedly infringing material, as well as the deductible expenses directly related to that sale or use, and any elements of profit for that sale or use that the party believes are attributable to factors other than the copyrighted work.
( d ) *For a party asserting misrepresentation.* In addition to the information in paragraph (a) of this section, the *standard interrogatories* for a party asserting a claim or counterclaim of misrepresentation under 17 U.S.C. 512(f) shall consist of information pertaining to: ( 1 ) The notification or counter notification that allegedly contained a misrepresentation;
( 2 ) The identity of the internet service provider to which the notification or counter notification was sent;
( 3 ) Identification and a description of any communications with the internet service provider, the parties, or others related to the notification or counter notification at issue;
( 4 ) The basis for the party's belief that the notification or counter notification included a misrepresentation; and
( 5 ) The harm, including a description and calculation of damages, caused by the alleged misrepresentation.
( e ) *For a party responding to misrepresentation claims or counterclaims.* In addition to the information in paragraph (a) of this section, the *standard interrogatories* for a party responding to a claim or counterclaim of misrepresentation under 17 U.S.C. 512(f) shall consist of information pertaining to: ( 1 ) All defenses asserted to the misrepresentation claim or counterclaim and the basis for those assertions. Defenses listed in timely answers and timely updated answers to the *standard interrogatories* shall be considered by the Board and will not require an amendment of the response;
( 2 ) The basis for any other reasons the party believes that its statement did not constitute a misrepresentation; and
( 3 ) Identification and a description of any communications with the internet service provider, the parties, or others related to the notification or counter notification at issue.
( f ) *For a counterclaimant asserting a counterclaim arising under an agreement.* In addition to the information in paragraph (a) of this section, the *standard interrogatories* for a counterclaimant asserting a counterclaim arising under an agreement shall consist of information pertaining to: ( 1 ) Identification and a description of the specific terms or provisions of the agreement the counterclaim respondent is alleged to have violated;
( 2 ) The basis for the counterclaimant's belief that the agreement was valid;
( 3 ) The basis for the counterclaimant's belief that the agreement was violated;
( 4 ) The basis for the counterclaimant's belief that the agreement could affect the relief that might be awarded to the claimant;
( 5 ) A description of the counterclaimant's performance under the agreement, as relevant to the counterclaim;
( 6 ) Identification and a description of any inadequacies in performance under the agreement by the counterclaim respondent; and
( 7 ) If the agreement at issue in the counterclaim is oral, a description of the terms and provisions of the agreement.
( g ) *For a counterclaim respondent responding to a counterclaim arising under an agreement.* In addition to the information in paragraph (a) of this section, the *standard interrogatories* for a counterclaim respondent responding to a counterclaim arising under an agreement shall consist of information pertaining to: ( 1 ) All defenses asserted to the counterclaim arising under an agreement and the basis for those assertions. Defenses listed in timely answers and timely updated answers to the *standard interrogatories* shall be considered by the Board and will not require an amendment of the counterclaim response;
( 2 ) The basis for any other reasons the counterclaim respondent believes that it did not violate the agreement or that the agreement was not valid;
( 3 ) The basis for any belief by the counterclaim respondent that the agreement does not affect the relief that might be awarded to the claimant;
( 4 ) A description of the counterclaim respondent's performance under the agreement, as relevant to the counterclaim; and
( 5 ) Identification and a description of any inadequacies in performance under the agreement by the counterclaimant.
( h ) *Duty to update.* A party has an obligation to update its interrogatory responses and serve updated responses on the other parties as soon as practicable after the discovery of new or updated information.
[87 FR 30082, May 17, 2022, as amended at 87 FR 77521, Dec. 19, 2022; 88 FR 48380, July 27, 2023]