II 

116TH CONGRESS 

2D SESSION S. 4632 

To amend title 17, United States Code, to establish an alternative dispute 

resolution program for copyright small claims, to amend the Communications Act of 1934 to modify the scope of protection from civil liability 

for ‘‘good Samaritan’’ blocking and screening of offensive material, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2020 

Mr. MCCONNELL (for Mr. GRAHAM) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 17, United States Code, to establish an 

alternative dispute resolution program for copyright 

small claims, to amend the Communications Act of 1934 

to modify the scope of protection from civil liability for 

‘‘good Samaritan’’ blocking and screening of offensive 

material, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Online Content Policy Modernization Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—COPYRIGHT SMALL CLAIMS 

Sec. 101. Copyright small claims. 

Sec. 102. Implementation. 

Sec. 103. Study. 

Sec. 104. Severability. 

TITLE II—GOOD SAMARITAN BLOCKING 

Sec. 201. Protection from civil liability for ‘‘good Samaritan’’ blocking and 

screening of offensive material. 

3 TITLE I—COPYRIGHT SMALL 

4 CLAIMS 

5 SEC. 101. COPYRIGHT SMALL CLAIMS. 

6 (a) IN GENERAL.—Title 17, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘CHAPTER 15—COPYRIGHT SMALL 

9 CLAIMS 

‘‘1501. Definitions. 

‘‘1502. Copyright Claims Board. 

‘‘1503. Authority and duties of the Copyright Claims Board. 

‘‘1504. Nature of proceedings. 

‘‘1505. Registration requirement. 

‘‘1506. Conduct of proceedings. 

‘‘1507. Effect of proceeding. 

‘‘1508. Review and confirmation by district court. 

‘‘1509. Relationship to other district court actions. 

‘‘1510. Implementation by Copyright Office. 

‘‘1511. Funding. 

10 ‘‘§ 1501. Definitions 

11 ‘‘In this chapter— 

12 ‘‘(1) the term ‘party’— 

13 ‘‘(A) means a party; and 


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1 ‘‘(B) includes the attorney of a party, as 

2 applicable; 

3 ‘‘(2) the term ‘claimant’ means the real party 

4 in interest that commences a proceeding before the 

5 Copyright Claims Board under section 1506(e), pur6 suant to a permissible claim of infringement brought 

7 under section 1504(c)(1), noninfringement brought 

8 under section 1504(c)(2), or misrepresentation 

9 brought under section 1504(c)(3); 

10 ‘‘(3) the term ‘counterclaimant’ means a re11 spondent in a proceeding before the Copyright 

12 Claims Board that— 

13 ‘‘(A) asserts a permissible counterclaim 

14 under section 1504(c)(4) against the claimant 

15 in the proceeding; and 

16 ‘‘(B) is the real party in interest with re17 spect to the counterclaim described in subpara18 graph (A); and 

19 ‘‘(4) the term ‘respondent’ means any person 

20 against whom a proceeding is brought before the 

21 Copyright Claims Board under section 1506(e), pur22 suant to a permissible claim of infringement brought 

23 under section 1504(c)(1), noninfringement brought 

24 under section 1504(c)(2), or misrepresentation 

25 brought under section 1504(c)(3). 


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1 ‘‘§ 1502. Copyright Claims Board 

2 ‘‘(a) IN GENERAL.—There is established in the Copy3 right Office the Copyright Claims Board, which shall serve 

4 as an alternative forum in which parties may voluntarily 

5 seek to resolve certain copyright claims regarding any cat6 egory of copyrighted work, as provided in this chapter. 

7 ‘‘(b) OFFICERS AND STAFF.— 

8 ‘‘(1) COPYRIGHT CLAIMS OFFICERS.—The Reg9 ister of Copyrights shall recommend 3 full-time 

10 Copyright Claims Officers to serve on the Copyright 

11 Claims Board in accordance with paragraph (3)(A). 

12 The Officers shall be appointed by the Librarian of 

13 Congress to such positions after consultation with 

14 the Register of Copyrights. 

15 ‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.—The 

16 Register of Copyrights shall hire not fewer than 2 

17 full-time Copyright Claims Attorneys to assist in the 

18 administration of the Copyright Claims Board. 

19 ‘‘(3) QUALIFICATIONS.— 

20 ‘‘(A) COPYRIGHT CLAIMS OFFICERS.— 

21 ‘‘(i) IN GENERAL.—Each Copyright 

22 Claims Officer shall be an attorney who 

23 has not fewer than 7 years of legal experi24 ence. 

25 ‘‘(ii) EXPERIENCE.—Two of the Copy26 right Claims Officers shall have— 


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1 ‘‘(I) substantial experience in the 

2 evaluation, litigation, or adjudication 

3 of copyright infringement claims; and 

4 ‘‘(II) between those 2 Officers, 

5 have represented or presided over a 

6 diversity of copyright interests, includ7 ing those of both owners and users of 

8 copyrighted works. 

9 ‘‘(iii) ALTERNATIVE DISPUTE RESOLU10 TION.—The Copyright Claims Officer not 

11 described in clause (ii) shall have substan12 tial familiarity with copyright law and ex13 perience in the field of alternative dispute 

14 resolution, including the resolution of liti15 gation matters through that method of res16 olution. 

17 ‘‘(B) COPYRIGHT CLAIMS ATTORNEYS.— 

18 Each Copyright Claims Attorney shall be an at19 torney who has not fewer than 3 years of sub20 stantial experience in copyright law. 

21 ‘‘(4) COMPENSATION.— 

22 ‘‘(A) COPYRIGHT CLAIMS OFFICERS.— 

23 ‘‘(i) DEFINITION.—In this subpara24 graph, the term ‘senior level employee of 

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1 ployee, other than an employee in the Sen2 ior Executive Service, the position of whom 

3 is classified above GS–15 of the General 

4 Schedule. 

5 ‘‘(ii) PAY RANGE.—Each Copyright 

6 Claims Officer shall be compensated at a 

7 rate of pay that is not less than the min8 imum, and not more than the maximum, 

9 rate of pay payable for senior level employ10 ees of the Federal Government, including 

11 locality pay, as applicable. 

12 ‘‘(B) COPYRIGHT CLAIMS ATTORNEYS.— 

13 Each Copyright Claims Attorney shall be com14 pensated at a rate of pay that is not more than 

15 the maximum rate of pay payable for level 10 

16 of GS–15 of the General Schedule, including lo17 cality pay, as applicable. 

18 ‘‘(5) TERMS.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), a Copyright Claims Officer shall 

21 serve for a renewable term of 6 years. 

22 ‘‘(B) INITIAL TERMS.—The terms for the 

23 first Copyright Claims Officers appointed under 

24 this chapter shall be as follows: 


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1 ‘‘(i) The first such Copyright Claims 

2 Officer appointed shall be appointed for a 

3 term of 4 years. 

4 ‘‘(ii) The second Copyright Claims Of5 ficer appointed shall be appointed for a 

6 term of 5 years. 

7 ‘‘(iii) The third Copyright Claims Of8 ficer appointed shall be appointed for a 

9 term of 6 years. 

10 ‘‘(6) VACANCIES AND INCAPACITY.— 

11 ‘‘(A) VACANCY.— 

12 ‘‘(i) IN GENERAL.—If a vacancy oc13 curs in the position of a Copyright Claims 

14 Officer, the Librarian of Congress shall, 

15 upon the recommendation of, and in con16 sultation with, the Register of Copyrights, 

17 act expeditiously to appoint a Copyright 

18 Claims Officer for that position. 

19 ‘‘(ii) VACANCY BEFORE EXPIRA20 TION.—An individual appointed to fill a 

21 vacancy occurring before the expiration of 

22 the term for which the predecessor of the 

23 individual was appointed shall be appointed 

24 to serve a 6-year term. 


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1 ‘‘(B) INCAPACITY.—If a Copyright Claims 

2 Officer is temporarily unable to perform the du3 ties of the Officer, the Librarian of Congress 

4 shall, upon recommendation of, and in consulta5 tion with, the Register of Copyrights, act expe6 ditiously to appoint an interim Copyright 

7 Claims Officer to perform such duties during 

8 the period of such incapacity. 

9 ‘‘(7) SANCTION OR REMOVAL.—Subject to sec10 tion 1503(b), the Librarian of Congress may sanc11 tion or remove a Copyright Claims Officer. 

12 ‘‘(8) ADMINISTRATIVE SUPPORT.—The Register 

13 of Copyrights shall provide the Copyright Claims Of14 ficers and Copyright Claims Attorneys with nec15 essary administrative support, including techno16 logical facilities, to carry out the duties of the Offi17 cers and Attorneys under this chapter. 

18 ‘‘(9) LOCATION OF COPYRIGHT CLAIMS

19 BOARD.—The offices and facilities of the Copyright 

20 Claims Officers and Copyright Claims Attorneys 

21 shall be located at the Copyright Office. 

22 ‘‘§ 1503. Authority and duties of the Copyright Claims 

23 Board 

24 ‘‘(a) FUNCTIONS.— 


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1 ‘‘(1) COPYRIGHT CLAIMS OFFICERS.—Subject 

2 to the provisions of this chapter and applicable regu3 lations, the functions of the Copyright Claims Offi4 cers shall be as follows: 

5 ‘‘(A) To render determinations on the civil 

6 copyright claims, counterclaims, and defenses 

7 that may be brought before the Officers under 

8 this chapter. 

9 ‘‘(B) To ensure that claims, counterclaims, 

10 and defenses are properly asserted and other11 wise appropriate for resolution by the Copyright 

12 Claims Board. 

13 ‘‘(C) To manage the proceedings before the 

14 Officers and render rulings pertaining to the 

15 consideration of claims, counterclaims, and de16 fenses, including with respect to scheduling, dis17 covery, evidentiary, and other matters. 

18 ‘‘(D) To request, from participants and 

19 nonparticipants in a proceeding, the production 

20 of information and documents relevant to the 

21 resolution of a claim, counterclaim, or defense. 

22 ‘‘(E) To conduct hearings and conferences. 

23 ‘‘(F) To facilitate the settlement by the 

24 parties of claims and counterclaims. 

25 ‘‘(G)(i) To award monetary relief; and 


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1 ‘‘(ii) to include in the determinations of 

2 the Officers a requirement that certain activi3 ties under section 1504(e)(2) cease or be miti4 gated, if the party to undertake the applicable 

5 measure has so agreed. 

6 ‘‘(H) To provide information to the public 

7 concerning the procedures and requirements of 

8 the Copyright Claims Board. 

9 ‘‘(I) To maintain records of the pro10 ceedings before the Officers, certify official 

11 records of such proceedings as needed, and, as 

12 provided in section 1506(t), make the records 

13 in such proceedings available to the public. 

14 ‘‘(J) To carry out such other duties as are 

15 set forth in this chapter. 

16 ‘‘(K) When not engaged in performing the 

17 duties of the Officers set forth in this chapter, 

18 to perform such other duties as may be as19 signed by the Register of Copyrights. 

20 ‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.—Subject 

21 to the provisions of this chapter and applicable regu22 lations, the functions of the Copyright Claims Attor23 neys shall be as follows: 


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1 ‘‘(A) To provide assistance to the Copy2 right Claims Officers in the administration of 

3 the duties of those Officers under this chapter. 

4 ‘‘(B) To provide assistance to members of 

5 the public with respect to the procedures and 

6 requirements of the Copyright Claims Board. 

7 ‘‘(C) To provide information to potential 

8 claimants contemplating bringing a permissible 

9 action before the Copyright Claims Board about 

10 obtaining a subpoena under section 512(h) for 

11 the sole purpose of identifying a potential re12 spondent in such an action. 

13 ‘‘(D) When not engaged in performing the 

14 duties of the Attorneys set forth in this chapter, 

15 to perform such other duties as may be as16 signed by the Register of Copyrights. 

17 ‘‘(b) INDEPENDENCE IN DETERMINATIONS.— 

18 ‘‘(1) IN GENERAL.—The Copyright Claims 

19 Board shall render the determinations of the Board 

20 in individual proceedings independently on the basis 

21 of the records in the proceedings before it and in ac22 cordance with the provisions of this title, judicial 

23 precedent, and applicable regulations of the Register 

24 of Copyrights. 


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1 ‘‘(2) CONSULTATION.—The Copyright Claims 

2 Officers and Copyright Claims Attorneys— 

3 ‘‘(A) may consult with the Register of 

4 Copyrights on general issues of law; and 

5 ‘‘(B) subject to section 1506(x), may not 

6 consult with the Register of Copyrights with re7 spect to— 

8 ‘‘(i) the facts of any particular matter 

9 pending before the Officers and the Attor10 neys; or 

11 ‘‘(ii) the application of law to the 

12 facts described in clause (i). 

13 ‘‘(3) PERFORMANCE APPRAISALS.—Notwith14 standing any other provision of law or any regula15 tion or policy of the Library of Congress or Register 

16 of Copyrights, any performance appraisal of a Copy17 right Claims Officer or Copyright Claims Attorney 

18 may not consider the substantive result of any indi19 vidual determination reached by the Copyright 

20 Claims Board as a basis for appraisal except to the 

21 extent that result may relate to any actual or alleged 

22 violation of an ethical standard of conduct. 

23 ‘‘(c) DIRECTION BY REGISTER.—Subject to sub24 section (b), the Copyright Claims Officers and Copyright 

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1 ties, be under the general direction of the Register of 

2 Copyrights. 

3 ‘‘(d) INCONSISTENT DUTIES BARRED.—A Copyright 

4 Claims Officer or Copyright Claims Attorney may not un5 dertake any duty that conflicts with the duties of the Offi6 cer or Attorney in connection with the Copyright Claims 

7 Board. 

8 ‘‘(e) RECUSAL.—A Copyright Claims Officer or Copy9 right Claims Attorney shall recuse himself or herself from 

10 participation in any proceeding with respect to which the 

11 Copyright Claims Officer or Copyright Claims Attorney, 

12 as the case may be, has reason to believe that he or she 

13 has a conflict of interest. 

14 ‘‘(f) EX PARTE COMMUNICATIONS.—Except as may 

15 otherwise be permitted by applicable law, any party to a 

16 proceeding before the Copyright Claims Board shall re17 frain from ex parte communications with the Copyright 

18 Claims Officers and the Register of Copyrights concerning 

19 the substance of any active or pending proceeding before 

20 the Copyright Claims Board. 

21 ‘‘(g) JUDICIAL REVIEW.—Actions of the Copyright 

22 Claims Officers and Register of Copyrights under this 

23 chapter in connection with the rendering of any deter24 mination are subject to judicial review as provided under 

25 section 1508(c) and not under chapter 7 of title 5. 


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1 ‘‘§ 1504. Nature of proceedings 

2 ‘‘(a) VOLUNTARY PARTICIPATION.—Participation in 

3 a Copyright Claims Board proceeding shall be on a vol4 untary basis in accordance with this chapter and the right 

5 of any party to instead pursue a claim, counterclaim, or 

6 defense in a district court of the United States or any 

7 other court, and to seek a jury trial, shall be preserved. 

8 ‘‘(b) STATUTE OF LIMITATIONS.— 

9 ‘‘(1) IN GENERAL.—A proceeding may not be 

10 maintained before the Copyright Claims Board un11 less the proceeding is commenced, in accordance 

12 with section 1506(e), before the Copyright Claims 

13 Board within 3 years after the claim accrued. 

14 ‘‘(2) TOLLING.—Subject to section 1507(a), a 

15 proceeding commenced before the Copyright Claims 

16 Board shall toll the time permitted under section 

17 507(b) for the commencement of an action on the 

18 same claim in a district court of the United States 

19 during the period in which the proceeding is pend20 ing. 

21 ‘‘(c) PERMISSIBLE CLAIMS, COUNTERCLAIMS, AND

22 DEFENSES.—The Copyright Claims Board may render de23 terminations with respect to the following claims, counter24 claims, and defenses, subject to such further limitations 

25 and requirements, including with respect to particular 


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1 classes of works, as may be set forth in regulations estab2 lished by the Register of Copyrights: 

3 ‘‘(1) A claim for infringement of an exclusive 

4 right in a copyrighted work provided under section 

5 106 by the legal or beneficial owner of the exclusive 

6 right at the time of the infringement for which the 

7 claimant seeks damages, if any, within the limita8 tions set forth in subsection (e)(1). 

9 ‘‘(2) A claim for a declaration of noninfringe10 ment of an exclusive right in a copyrighted work 

11 provided under section 106, consistent with section 

12 2201 of title 28. 

13 ‘‘(3) A claim under section 512(f) for misrepre14 sentation in connection with a notification of claimed 

15 infringement or a counter notification seeking to re16 place removed or disabled material, except that any 

17 remedies relating to such a claim in a proceeding be18 fore the Copyright Claims Board shall be limited to 

19 those available under this chapter. 

20 ‘‘(4) A counterclaim that is asserted solely 

21 against the claimant in a proceeding— 

22 ‘‘(A) pursuant to which the counterclaim23 ant seeks damages, if any, within the limita24 tions set forth in subsection (e)(1); and 

25 ‘‘(B) that— 


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1 ‘‘(i) arises under section 106 or sec2 tion 512(f) and out of the same trans3 action or occurrence that is the subject of 

4 a claim of infringement brought under 

5 paragraph (1), a claim of noninfringement 

6 brought under paragraph (2), or a claim of 

7 misrepresentation brought under para8 graph (3); or 

9 ‘‘(ii) arises under an agreement per10 taining to the same transaction or occur11 rence that is the subject of a claim of in12 fringement brought under paragraph (1), 

13 if the agreement could affect the relief 

14 awarded to the claimant. 

15 ‘‘(5) A legal or equitable defense under this title 

16 or otherwise available under law, in response to a 

17 claim or counterclaim asserted under this subsection. 

18 ‘‘(6) A single claim or multiple claims permitted 

19 under paragraph (1), (2), or (3) by one or more 

20 claimants against one or more respondents, but only 

21 if all claims asserted in any one proceeding arise out 

22 of the same allegedly infringing activity or contin23 uous course of infringing activities and do not, in 

24 the aggregate, result in the recovery of such claim 


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1 or claims for damages that exceed the limitations 

2 under subsection (e)(1). 

3 ‘‘(d) EXCLUDED CLAIMS.—The following claims and 

4 counterclaims are not subject to determination by the 

5 Copyright Claims Board: 

6 ‘‘(1) A claim or counterclaim that is not a per7 missible claim or counterclaim under subsection (c). 

8 ‘‘(2) A claim or counterclaim that has been fi9 nally adjudicated by a court of competent jurisdic10 tion or that is pending before a court of competent 

11 jurisdiction, unless that court has granted a stay to 

12 permit that claim or counterclaim to proceed before 

13 the Copyright Claims Board. 

14 ‘‘(3) A claim or counterclaim by or against a 

15 Federal or State governmental entity. 

16 ‘‘(4) A claim or counterclaim asserted against a 

17 person or entity residing outside of the United 

18 States, except in a case in which the person or entity 

19 initiated the proceeding before the Copyright Claims 

20 Board and is subject to counterclaims under this 

21 chapter. 

22 ‘‘(e) PERMISSIBLE REMEDIES.— 

23 ‘‘(1) MONETARY RECOVERY.— 

24 ‘‘(A) ACTUAL DAMAGES, PROFITS, AND

25 STATUTORY DAMAGES FOR INFRINGEMENT.— 


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1 With respect to a claim or counterclaim for in2 fringement of copyright, and subject to the limi3 tation on total monetary recovery under sub4 paragraph (D), the Copyright Claims Board 

5 may award either of the following: 

6 ‘‘(i) Actual damages and profits deter7 mined in accordance with section 504(b), 

8 with that award taking into consideration, 

9 in appropriate cases, whether the infring10 ing party has agreed to cease or mitigate 

11 the infringing activity under paragraph 

12 (2). 

13 ‘‘(ii) Statutory damages, which shall 

14 be determined in accordance with section 

15 504(c), subject to the following conditions: 

16 ‘‘(I) With respect to works timely 

17 registered under section 412, so that 

18 the works are eligible for an award of 

19 statutory damages in accordance with 

20 that section, the statutory damages 

21 may not exceed $15,000 for each 

22 work infringed. 

23 ‘‘(II) With respect to works not 

24 timely registered under section 412, 

25 but eligible for an award of statutory 


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1 damages under this section, statutory 

2 damages may not exceed $7,500 per 

3 work infringed, or a total of $15,000 

4 in any 1 proceeding. 

5 ‘‘(III) The Copyright Claims 

6 Board may not make any finding 

7 that, or consider whether, the in8 fringement was committed willfully in 

9 making an award of statutory dam10 ages. 

11 ‘‘(IV) The Copyright Claims 

12 Board may consider, as an additional 

13 factor in awarding statutory damages, 

14 whether the infringer has agreed to 

15 cease or mitigate the infringing activ16 ity under paragraph (2). 

17 ‘‘(B) ELECTION OF DAMAGES.—With re18 spect to a claim or counterclaim of infringe19 ment, at any time before final determination is 

20 rendered, the claimant or counterclaimant shall, 

21 in accordance with the schedule established by 

22 the Copyright Claims Board under section 

23 1506(k), elect— 


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1 ‘‘(i) to pursue actual damages and 

2 profits or statutory damages under sub3 paragraph (A); or 

4 ‘‘(ii) not to pursue damages. 

5 ‘‘(C) DAMAGES FOR OTHER CLAIMS.— 

6 Damages for claims and counterclaims other 

7 than infringement claims, such as those 

8 brought under section 512(f), shall be subject 

9 to the limitation under subparagraph (D). 

10 ‘‘(D) LIMITATION ON TOTAL MONETARY

11 RECOVERY.—Notwithstanding any other provi12 sion of law, a party that pursues any one or 

13 more claims or counterclaims in any single pro14 ceeding before the Copyright Claims Board may 

15 not seek or recover in that proceeding a total 

16 monetary recovery that exceeds the sum of 

17 $30,000, exclusive of any attorneys’ fees and 

18 costs that may be awarded under section 

19 1506(y)(2). 

20 ‘‘(2) AGREEMENT TO CEASE CERTAIN ACTIV21 ITY.—In a determination of the Copyright Claims 

22 Board, the Board shall include a requirement to 

23 cease conduct if, in the proceeding relating to the 

24 determination— 

25 ‘‘(A) a party agrees— 


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1 ‘‘(i) to cease activity that is found to 

2 be infringing, including removing or dis3 abling access to, or destroying, infringing 

4 materials; or 

5 ‘‘(ii) to cease sending a takedown no6 tice or counter notice under section 512 to 

7 the other party regarding the conduct at 

8 issue before the Board if that notice or 

9 counter notice was found to be a knowing 

10 material misrepresentation under section 

11 512(f); and 

12 ‘‘(B) the agreement described in subpara13 graph (A) is reflected in the record for the pro14 ceeding. 

15 ‘‘(3) ATTORNEYS’ FEES AND COSTS.—Notwith16 standing any other provision of law, except in the 

17 case of bad faith conduct as provided in section 

18 1506(y)(2), the parties to proceedings before the 

19 Copyright Claims Board shall bear their own attor20 neys’ fees and costs. 

21 ‘‘(f) JOINT AND SEVERAL LIABILITY.—Parties to a 

22 proceeding before the Copyright Claims Board may be 

23 found jointly and severally liable if all such parties and 

24 relevant claims or counterclaims arise from the same ac25 tivity or activities. 


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1 ‘‘(g) PERMISSIBLE NUMBER OF CASES.—The Reg2 ister of Copyrights may establish regulations relating to 

3 the permitted number of proceedings each year by the 

4 same claimant under this chapter, in the interests of jus5 tice and the administration of the Copyright Claims 

6 Board. 

7 ‘‘§ 1505. Registration requirement 

8 ‘‘(a) APPLICATION OR CERTIFICATE.—A claim or 

9 counterclaim alleging infringement of an exclusive right 

10 in a copyrighted work may not be asserted before the 

11 Copyright Claims Board unless— 

12 ‘‘(1) the legal or beneficial owner of the copy13 right has first delivered a completed application, a 

14 deposit, and the required fee for registration of the 

15 copyright to the Copyright Office; and 

16 ‘‘(2) a registration certificate has either been 

17 issued or has not been refused. 

18 ‘‘(b) CERTIFICATE OF REGISTRATION.—Notwith19 standing any other provision of law, a claimant or counter20 claimant in a proceeding before the Copyright Claims 

21 Board shall be eligible to recover actual damages and prof22 its or statutory damages under this chapter for infringe23 ment of a work if the requirements of subsection (a) have 

24 been met, except that— 


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1 ‘‘(1) the Copyright Claims Board may not 

2 render a determination in the proceeding until— 

3 ‘‘(A) a registration certificate with respect 

4 to the work has been issued by the Copyright 

5 Office, submitted to the Copyright Claims 

6 Board, and made available to the other parties 

7 to the proceeding; and 

8 ‘‘(B) the other parties to the proceeding 

9 have been provided an opportunity to address 

10 the registration certificate; 

11 ‘‘(2) if the proceeding may not proceed further 

12 because a registration certificate for the work is 

13 pending, the proceeding shall be held in abeyance 

14 pending submission of the certificate to the Copy15 right Claims Board, except that, if the proceeding is 

16 held in abeyance for more than 1 year, the Copy17 right Claims Board may, upon providing written no18 tice to the parties to the proceeding, and 30 days to 

19 the parties to respond to the notice, dismiss the pro20 ceeding without prejudice; and 

21 ‘‘(3) if the Copyright Claims Board receives no22 tice that registration with respect to the work has 

23 been refused, the proceeding shall be dismissed with24 out prejudice. 


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1 ‘‘(c) PRESUMPTION.—In a case in which a registra2 tion certificate shows that registration with respect to a 

3 work was issued not later than 5 years after the date of 

4 the first publication of the work, the presumption under 

5 section 410(c) shall apply in a proceeding before the Copy6 right Claims Board, in addition to relevant principles of 

7 law under this title. 

8 ‘‘(d) REGULATIONS.—In order to ensure that actions 

9 before the Copyright Claims Board proceed in a timely 

10 manner, the Register of Copyrights shall establish regula11 tions allowing the Copyright Office to make a decision, 

12 on an expedited basis, to issue or deny copyright registra13 tion for an unregistered work that is at issue before the 

14 Board. 

15 ‘‘§ 1506. Conduct of proceedings 

16 ‘‘(a) IN GENERAL.— 

17 ‘‘(1) APPLICABLE LAW.—Proceedings of the 

18 Copyright Claims Board shall be conducted in ac19 cordance with this chapter and regulations estab20 lished by the Register of Copyrights under this chap21 ter, in addition to relevant principles of law under 

22 this title. 

23 ‘‘(2) CONFLICTING PRECEDENT.—If it appears 

24 that there may be conflicting judicial precedent on 

25 an issue of substantive copyright law that cannot be 


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1 reconciled, the Copyright Claims Board shall follow 

2 the law of the Federal jurisdiction in which the ac3 tion could have been brought if filed in a district 

4 court of the United States, or, if the action could 

5 have been brought in more than 1 such jurisdiction, 

6 the jurisdiction that the Copyright Claims Board de7 termines has the most significant ties to the parties 

8 and conduct at issue. 

9 ‘‘(b) RECORD.—The Copyright Claims Board shall 

10 maintain records documenting the proceedings before the 

11 Board. 

12 ‘‘(c) CENTRALIZED PROCESS.—Proceedings before 

13 the Copyright Claims Board shall— 

14 ‘‘(1) be conducted at the offices of the Copy15 right Claims Board without the requirement of in16 person appearances by parties or others; and 

17 ‘‘(2) take place by means of written submis18 sions, hearings, and conferences carried out through 

19 internet-based applications and other telecommuni20 cations facilities, except that, in cases in which phys21 ical or other nontestimonial evidence material to a 

22 proceeding cannot be furnished to the Copyright 

23 Claims Board through available telecommunications 

24 facilities, the Copyright Claims Board may make al25 ternative arrangements for the submission of such 


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1 evidence that do not prejudice any other party to the 

2 proceeding. 

3 ‘‘(d) REPRESENTATION.—A party to a proceeding be4 fore the Copyright Claims Board may be, but is not re5 quired to be, represented by— 

6 ‘‘(1) an attorney; or 

7 ‘‘(2) a law student who is qualified under appli8 cable law governing representation by law students 

9 of parties in legal proceedings and who provides 

10 such representation on a pro bono basis. 

11 ‘‘(e) COMMENCEMENT OF PROCEEDING.—In order to 

12 commence a proceeding under this chapter, a claimant 

13 shall, subject to such additional requirements as may be 

14 prescribed in regulations established by the Register of 

15 Copyrights, file a claim with the Copyright Claims Board, 

16 that— 

17 ‘‘(1) includes a statement of material facts in 

18 support of the claim; 

19 ‘‘(2) is certified under subsection (y)(1); and 

20 ‘‘(3) is accompanied by a filing fee in such 

21 amount as may be prescribed in regulations estab22 lished by the Register of Copyrights. 

23 ‘‘(f) REVIEW OF CLAIMS AND COUNTERCLAIMS.— 

24 ‘‘(1) CLAIMS.—Upon the filing of a claim under 

25 subsection (e), the claim shall be reviewed by a 


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1 Copyright Claims Attorney to ensure that the claim 

2 complies with this chapter and applicable regula3 tions, subject to the following: 

4 ‘‘(A) If the claim is found to comply, the 

5 claimant shall be notified regarding that com6 pliance and instructed to proceed with service of 

7 the claim under subsection (g). 

8 ‘‘(B) If the claim is found not to comply, 

9 the claimant shall be notified that the claim is 

10 deficient and be permitted to file an amended 

11 claim not later than 30 days after the date on 

12 which the claimant receives the notice, without 

13 the requirement of an additional filing fee. If 

14 the claimant files a compliant claim within that 

15 30-day period, the claimant shall be so notified 

16 and be instructed to proceed with service of the 

17 claim. If the claim is refiled within that 30-day 

18 period and still fails to comply, the claimant 

19 shall again be notified that the claim is defi20 cient and shall be provided a second oppor21 tunity to amend the claim within 30 days after 

22 the date of that second notice, without the re23 quirement of an additional filing fee. If the 

24 claim is refiled again within that second 30-day 

25 period and is compliant, the claimant shall be 


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1 so notified and shall be instructed to proceed 

2 with service of the claim, but if the claim still 

3 fails to comply, upon confirmation of such non4 compliance by a Copyright Claims Officer, the 

5 proceeding shall be dismissed without prejudice. 

6 The Copyright Claims Board shall also dismiss 

7 without prejudice any proceeding in which a 

8 compliant claim is not filed within the applica9 ble 30-day period. 

10 ‘‘(C)(i) Subject to clause (ii), for purposes 

11 of this paragraph, a claim against an online 

12 service provider for infringement by reason of 

13 the storage of or referral or linking to infring14 ing material that may be subject to the limita15 tions on liability set forth in subsection (b), (c), 

16 or (d) of section 512 shall be considered non17 compliant unless the claimant affirms in the 

18 statement required under subsection (e)(1) of 

19 this section that the claimant has previously no20 tified the service provider of the claimed in21 fringement in accordance with subsection 

22 (b)(2)(E), (c)(3), or (d)(3) of section 512, as 

23 applicable, and the service provider failed to re24 move or disable access to the material expedi25 tiously upon the provision of such notice. 


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1 ‘‘(ii) If a claim is found to be noncompliant 

2 under clause (i), the Copyright Claims Board 

3 shall provide the claimant with information con4 cerning the service of such a notice under the 

5 applicable provision of section 512. 

6 ‘‘(2) COUNTERCLAIMS.—Upon the filing and 

7 service of a counterclaim, the counterclaim shall be 

8 reviewed by a Copyright Claims Attorney to ensure 

9 that the counterclaim complies with the provisions of 

10 this chapter and applicable regulations. If the coun11 terclaim is found not to comply, the counterclaimant 

12 and the other parties to the proceeding shall be noti13 fied that the counterclaim is deficient, and the 

14 counterclaimant shall be permitted to file and serve 

15 an amended counterclaim within 30 days after the 

16 date of such notice. If the counterclaimant files and 

17 serves a compliant counterclaim within that 30-day 

18 period, the counterclaimant and such other parties 

19 shall be so notified. If the counterclaim is refiled and 

20 served within that 30-day period but still fails to 

21 comply, the counterclaimant and such other parties 

22 shall again be notified that the counterclaim is defi23 cient, and the counterclaimant shall be provided a 

24 second opportunity to amend the counterclaim with25 in 30 days after the date of the second notice. If the 


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1 counterclaim is refiled and served again within that 

2 second 30-day period and is compliant, the counter3 claimant and such other parties shall be so notified, 

4 but if the counterclaim still fails to comply, upon 

5 confirmation of such noncompliance by a Copyright 

6 Claims Officer, the counterclaim, but not the pro7 ceeding, shall be dismissed without prejudice. 

8 ‘‘(3) DISMISSAL OF UNSUITABILITY.—The 

9 Copyright Claims Board shall dismiss a claim or 

10 counterclaim without prejudice if, upon reviewing 

11 the claim or counterclaim, or at any other time in 

12 the proceeding, the Copyright Claims Board con13 cludes that the claim or counterclaim is unsuitable 

14 for determination by the Copyright Claims Board, 

15 including on account of any of the following: 

16 ‘‘(A) The failure to join a necessary party. 

17 ‘‘(B) The lack of an essential witness, evi18 dence, or expert testimony. 

19 ‘‘(C) The determination of a relevant issue 

20 of law or fact that could exceed either the num21 ber of proceedings the Copyright Claims Board 

22 could reasonably administer or the subject mat23 ter competence of the Copyright Claims Board. 

24 ‘‘(g) SERVICE OF NOTICE AND CLAIMS.—In order to 

25 proceed with a claim against a respondent, a claimant 


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1 shall, within 90 days after receiving notification under 

2 subsection (f) to proceed with service, file with the Copy3 right Claims Board proof of service on the respondent. In 

4 order to effectuate service on a respondent, the claimant 

5 shall cause notice of the proceeding and a copy of the 

6 claim to be served on the respondent, either by personal 

7 service or pursuant to a waiver of personal service, as pre8 scribed in regulations established by the Register of Copy9 rights. Such regulations shall include the following re10 quirements: 

11 ‘‘(1) The notice of the proceeding shall adhere 

12 to a prescribed form and shall set forth the nature 

13 of the Copyright Claims Board and proceeding, the 

14 right of the respondent to opt out, and the con15 sequences of opting out and not opting out, includ16 ing a prominent statement that, by not opting out 

17 within 60 days after receiving the notice, the re18 spondent— 

19 ‘‘(A) loses the opportunity to have the dis20 pute decided by a court created under article 

21 III of the Constitution of the United States; 

22 and 

23 ‘‘(B) waives the right to a jury trial re24 garding the dispute. 


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1 ‘‘(2) The copy of the claim served on the re2 spondent shall be the same as the claim that was 

3 filed with the Copyright Claims Board. 

4 ‘‘(3) Personal service of a notice and claim may 

5 be effected by an individual who is not a party to 

6 the proceeding and is older than 18 years of age. 

7 ‘‘(4) An individual, other than a minor or in8 competent individual, may be served by— 

9 ‘‘(A) complying with State law for serving 

10 a summons in an action brought in courts of 

11 general jurisdiction in the State where service is 

12 made; 

13 ‘‘(B) delivering a copy of the notice and 

14 claim to the individual personally; 

15 ‘‘(C) leaving a copy of the notice and claim 

16 at the individual’s dwelling or usual place of 

17 abode with someone of suitable age and discre18 tion who resides there; or 

19 ‘‘(D) delivering a copy of the notice and 

20 claim to an agent designated by the respondent 

21 to receive service of process or, if not so des22 ignated, an agent authorized by appointment or 

23 by law to receive service of process. 

24 ‘‘(5)(A) A corporation, partnership, or unincor25 porated association that is subject to suit in courts 


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1 of general jurisdiction under a common name shall 

2 be served by delivering a copy of the notice and 

3 claim to its service agent. If such service agent has 

4 not been designated, service shall be accomplished— 

5 ‘‘(i) by complying with State law for serv6 ing a summons in an action brought in courts 

7 of general jurisdiction in the State where serv8 ice is made; or 

9 ‘‘(ii) by delivering a copy of the notice and 

10 claim to an officer, a managing or general 

11 agent, or any other agent authorized by ap12 pointment or by law to receive service of proc13 ess in an action brought in courts of general ju14 risdiction in the State where service is made 

15 and, if the agent is one authorized by statute 

16 and the statute so requires, by also mailing a 

17 copy of the notice and claim to the respondent. 

18 ‘‘(B) A corporation, partnership, or unincor19 porated association that is subject to suit in courts 

20 of general jurisdiction under a common name may 

21 elect to designate a service agent to receive notice of 

22 a claim against it before the Copyright Claims 

23 Board by complying with requirements that the Reg24 ister of Copyrights shall establish by regulation. The 

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1 rectory of service agents that is available to the pub2 lic for inspection, including through the internet, 

3 and may require such corporations, partnerships, 

4 and unincorporated associations designating such 

5 service agents to pay a fee to cover the costs of 

6 maintaining the directory. 

7 ‘‘(6) In order to request a waiver of personal 

8 service, the claimant may notify a respondent, by 

9 first class mail or by other reasonable means, that 

10 a proceeding has been commenced, such notice to be 

11 made in accordance with regulations established by 

12 the Register of Copyrights, subject to the following: 

13 ‘‘(A) Any such request shall be in writing, 

14 shall be addressed to the respondent, and shall 

15 be accompanied by a prescribed notice of the 

16 proceeding, a copy of the claim as filed with the 

17 Copyright Claims Board, a prescribed form for 

18 waiver of personal service, and a prepaid or 

19 other means of returning the form without cost. 

20 ‘‘(B) The request shall state the date on 

21 which the request is sent, and shall provide the 

22 respondent a period of 30 days, beginning on 

23 the date on which the request is sent, to return 

24 the waiver form signed by the respondent. The 

25 signed waiver form shall, for purposes of this 


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1 subsection, constitute acceptance and proof of 

2 service as of the date on which the waiver is 

3 signed. 

4 ‘‘(7)(A) A respondent’s waiver of personal serv5 ice shall not constitute a waiver of the respondent’s 

6 right to opt out of the proceeding. 

7 ‘‘(B) A respondent who timely waives personal 

8 service under paragraph (6) and does not opt out of 

9 the proceeding shall be permitted a period of 30 

10 days, in addition to the period otherwise permitted 

11 under the applicable procedures of the Copyright 

12 Claims Board, to submit a substantive response to 

13 the claim, including any defenses and counterclaims. 

14 ‘‘(8) A minor or an incompetent individual may 

15 only be served by complying with State law for serv16 ing a summons or like process on such an individual 

17 in an action brought in the courts of general juris18 diction of the State where service is made. 

19 ‘‘(9) Service of a claim and waiver of personal 

20 service may only be effected within the United 

21 States. 

22 ‘‘(h) NOTIFICATION BY COPYRIGHT CLAIMS

23 BOARD.—The Register of Copyrights shall establish regu24 lations providing for a written notification to be sent by, 

25 or on behalf of, the Copyright Claims Board to notify the 


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1 respondent of a pending proceeding against the respond2 ent, as set forth in those regulations, which shall— 

3 ‘‘(1) include information concerning the re4 spondent’s right to opt out of the proceeding, the 

5 consequences of opting out and not opting out, and 

6 a prominent statement that, by not opting out with7 in 60 days after the date of service under subsection 

8 (g), the respondent loses the opportunity to have the 

9 dispute decided by a court created under article III 

10 of the Constitution of the United States and waives 

11 the right to a jury trial regarding the dispute; and 

12 ‘‘(2) be in addition to, and separate and apart 

13 from, the notice requirements under subsection (g). 

14 ‘‘(i) OPT-OUT PROCEDURE.—Upon being properly 

15 served with a notice and claim, a respondent who chooses 

16 to opt out of the proceeding shall have a period of 60 days, 

17 beginning on the date of service, in which to provide writ18 ten notice of such choice to the Copyright Claims Board, 

19 in accordance with regulations established by the Register 

20 of Copyrights. If proof of service has been filed by the 

21 claimant and the respondent does not submit an opt-out 

22 notice to the Copyright Claims Board within that 60-day 

23 period, the proceeding shall be deemed an active pro24 ceeding and the respondent shall be bound by the deter25 mination in the proceeding to the extent provided under 


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1 section 1507(a). If the respondent opts out of the pro2 ceeding during that 60-day period, the proceeding shall 

3 be dismissed without prejudice, except that, in exceptional 

4 circumstances and upon written notice to the claimant, the 

5 Copyright Claims Board may extend that 60-day period 

6 in the interests of justice. 

7 ‘‘(j) SERVICE OF OTHER DOCUMENTS.—Documents 

8 submitted or relied upon in a proceeding, other than the 

9 notice and claim, shall be served in accordance with regu10 lations established by the Register of Copyrights. 

11 ‘‘(k) SCHEDULING.—Upon confirmation that a pro12 ceeding has become an active proceeding, the Copyright 

13 Claims Board shall issue a schedule for the future conduct 

14 of the proceeding. A schedule issued by the Copyright 

15 Claims Board may be amended by the Copyright Claims 

16 Board in the interests of justice. 

17 ‘‘(l) CONFERENCES.—One or more Copyright Claims 

18 Officers may hold a conference to address case manage19 ment or discovery issues in a proceeding, which shall be 

20 noted upon the record of the proceeding and may be re21 corded or transcribed. 

22 ‘‘(m) PARTY SUBMISSIONS.—A proceeding of the 

23 Copyright Claims Board may not include any formal mo24 tion practice, except that, subject to applicable regulations 

25 and procedures of the Copyright Claims Board— 


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1 ‘‘(1) the parties to the proceeding may make re2 quests to the Copyright Claims Board to address 

3 case management and discovery matters, and submit 

4 responses thereto; and 

5 ‘‘(2) the Copyright Claims Board may request 

6 or permit parties to make submissions addressing 

7 relevant questions of fact or law, or other matters, 

8 including matters raised sua sponte by the Copy9 right Claims Officers, and offer responses thereto. 

10 ‘‘(n) DISCOVERY.—Discovery in a proceeding shall be 

11 limited to the production of relevant information and doc12 uments, written interrogatories, and written requests for 

13 admission, as provided in regulations established by the 

14 Register of Copyrights, except that— 

15 ‘‘(1) upon the request of a party, and for good 

16 cause shown, the Copyright Claims Board may ap17 prove additional relevant discovery, on a limited 

18 basis, in particular matters, and may request spe19 cific information and documents from participants in 

20 the proceeding and voluntary submissions from non21 participants, consistent with the interests of justice; 

22 ‘‘(2) upon the request of a party, and for good 

23 cause shown, the Copyright Claims Board may issue 

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1 ments or testimony that contain confidential infor2 mation; and 

3 ‘‘(3) after providing notice and an opportunity 

4 to respond, and upon good cause shown, the Copy5 right Claims Board may apply an adverse inference 

6 with respect to disputed facts against a party who 

7 has failed to timely provide discovery materials in 

8 response to a proper request for materials that could 

9 be relevant to such facts. 

10 ‘‘(o) EVIDENCE.—The Copyright Claims Board may 

11 consider the following types of evidence in a proceeding, 

12 and such evidence may be admitted without application 

13 of formal rules of evidence: 

14 ‘‘(1) Documentary and other nontestimonial 

15 evidence that is relevant to the claims, counter16 claims, or defenses in the proceeding. 

17 ‘‘(2) Testimonial evidence, submitted under 

18 penalty of perjury in written form or in accordance 

19 with subsection (p), limited to statements of the par20 ties and nonexpert witnesses, that is relevant to the 

21 claims, counterclaims, and defenses in a proceeding, 

22 except that, in exceptional cases, expert witness tes23 timony or other types of testimony may be permitted 

24 by the Copyright Claims Board for good cause 

25 shown. 


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1 ‘‘(p) HEARINGS.—The Copyright Claims Board may 

2 conduct a hearing to receive oral presentations on issues 

3 of fact or law from parties and witnesses to a proceeding, 

4 including oral testimony, subject to the following: 

5 ‘‘(1) Any such hearing shall be attended by not 

6 fewer than two of the Copyright Claims Officers. 

7 ‘‘(2) The hearing shall be noted upon the record 

8 of the proceeding and, subject to paragraph (3), may 

9 be recorded or transcribed as deemed necessary by 

10 the Copyright Claims Board. 

11 ‘‘(3) A recording or transcript of the hearing 

12 shall be made available to any Copyright Claims Of13 ficer who is not in attendance. 

14 ‘‘(q) VOLUNTARY DISMISSAL.— 

15 ‘‘(1) BY CLAIMANT.—Upon the written request 

16 of a claimant that is received before a respondent 

17 files a response to the claim in a proceeding, the 

18 Copyright Claims Board shall dismiss the pro19 ceeding, or a claim or respondent, as requested, 

20 without prejudice. 

21 ‘‘(2) BY COUNTERCLAIMANT.—Upon written re22 quest of a counterclaimant that is received before a 

23 claimant files a response to the counterclaim, the 

24 Copyright Claims Board shall dismiss the counter25 claim, such dismissal to be without prejudice. 


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1 ‘‘(3) CLASS ACTIONS.—Any party in an active 

2 proceeding before the Copyright Claims Board who 

3 receives notice of a pending or putative class action, 

4 arising out of the same transaction or occurrence, in 

5 which that party is a class member may request in 

6 writing dismissal of the proceeding before the Board. 

7 Upon notice to all claimants and counterclaimants, 

8 the Copyright Claims Board shall dismiss the pro9 ceeding without prejudice. 

10 ‘‘(r) SETTLEMENT.— 

11 ‘‘(1) IN GENERAL.—At any time in an active 

12 proceeding, some or all of the parties may— 

13 ‘‘(A) jointly request a conference with a 

14 Copyright Claims Officer for the purpose of fa15 cilitating settlement discussions; or 

16 ‘‘(B) submit to the Copyright Claims 

17 Board an agreement providing for settlement 

18 and dismissal of some or all of the claims and 

19 counterclaims in the proceeding. 

20 ‘‘(2) ADDITIONAL REQUEST.—A submission 

21 under paragraph (1)(B) may include a request that 

22 the Copyright Claims Board adopt some or all of the 

23 terms of the parties’ settlement in a final determina24 tion in the proceeding. 


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1 ‘‘(s) FACTUAL FINDINGS.—Subject to subsection 

2 (n)(3), the Copyright Claims Board shall make factual 

3 findings based upon a preponderance of the evidence. 

4 ‘‘(t) DETERMINATIONS.— 

5 ‘‘(1) NATURE AND CONTENTS.—A determina6 tion rendered by the Copyright Claims Board in a 

7 proceeding shall— 

8 ‘‘(A) be reached by a majority of the Copy9 right Claims Board; 

10 ‘‘(B) be in writing, and include an expla11 nation of the factual and legal basis of the de12 termination; 

13 ‘‘(C) set forth any terms by which a re14 spondent or counterclaim respondent has 

15 agreed to cease infringing activity under section 

16 1504(e)(2); 

17 ‘‘(D) to the extent requested under sub18 section (r)(2), set forth the terms of any settle19 ment agreed to under subsection (r)(1); and 

20 ‘‘(E) include a clear statement of all dam21 ages and other relief awarded, including under 

22 subparagraphs (C) and (D). 

23 ‘‘(2) DISSENT.—A Copyright Claims Officer 

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1 mination under paragraph (1) may append a state2 ment setting forth the grounds for that dissent. 

3 ‘‘(3) PUBLICATION.—Each final determination 

4 of the Copyright Claims Board shall be made avail5 able on a publicly accessible website. The Register 

6 shall establish regulations with respect to the publi7 cation of other records and information relating to 

8 such determinations, including the redaction of 

9 records to protect confidential information that is 

10 the subject of a protective order under subsection 

11 (n)(2). 

12 ‘‘(4) FREEDOM OF INFORMATION ACT.—All in13 formation relating to proceedings of the Copyright 

14 Claims Board under this title is exempt from disclo15 sure to the public under section 552(b)(3) of title 5, 

16 except for determinations, records, and information 

17 published under paragraph (3). 

18 ‘‘(u) RESPONDENT’S DEFAULT.—If a proceeding has 

19 been deemed an active proceeding but the respondent has 

20 failed to appear or has ceased participating in the pro21 ceeding, as demonstrated by the respondent’s failure, 

22 without justifiable cause, to meet one or more deadlines 

23 or requirements set forth in the schedule adopted by the 

24 Copyright Claims Board under subsection (k), the Copy25 right Claims Board may enter a default determination, inVerDate Sep 11 2014 02:03 Oct 09, 2020 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S4632.IS S4632

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1 cluding the dismissal of any counterclaim asserted by the 

2 respondent, as follows and in accordance with such other 

3 requirements as the Register of Copyrights may establish 

4 by regulation: 

5 ‘‘(1) The Copyright Claims Board shall require 

6 the claimant to submit relevant evidence and other 

7 information in support of the claimant’s claim and 

8 any asserted damages and, upon review of such evi9 dence and any other requested submissions from the 

10 claimant, shall determine whether the materials so 

11 submitted are sufficient to support a finding in favor 

12 of the claimant under applicable law and, if so, the 

13 appropriate relief and damages, if any, to be award14 ed. 

15 ‘‘(2) If the Copyright Claims Board makes an 

16 affirmative determination under paragraph (1), the 

17 Copyright Claims Board shall prepare a proposed 

18 default determination, and shall provide written no19 tice to the respondent at all addresses, including 

20 email addresses, reflected in the records of the pro21 ceeding before the Copyright Claims Board, of the 

22 pendency of a default determination by the Copy23 right Claims Board and of the legal significance of 

24 such determination. Such notice shall be accom25 panied by the proposed default determination and 


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1 shall provide that the respondent has a period of 30 

2 days, beginning on the date of the notice, to submit 

3 any evidence or other information in opposition to 

4 the proposed default determination. 

5 ‘‘(3) If the respondent responds to the notice 

6 provided under paragraph (2) within the 30-day pe7 riod provided in such paragraph, the Copyright 

8 Claims Board shall consider respondent’s submis9 sions and, after allowing the other parties to address 

10 such submissions, maintain, or amend its proposed 

11 determination as appropriate, and the resulting de12 termination shall not be a default determination. 

13 ‘‘(4) If the respondent fails to respond to the 

14 notice provided under paragraph (2), the Copyright 

15 Claims Board shall proceed to issue the default de16 termination as a final determination. Thereafter, the 

17 respondent may only challenge such determination to 

18 the extent permitted under section 1508(c), except 

19 that, before any additional proceedings are initiated 

20 under section 1508, the Copyright Claims Board 

21 may, in the interests of justice, vacate the default 

22 determination. 

23 ‘‘(v) CLAIMANT’S FAILURE TO PROCEED.— 

24 ‘‘(1) FAILURE TO COMPLETE SERVICE.—If a 

25 claimant fails to complete service on a respondent 


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1 within the 90-day period required under subsection 

2 (g), the Copyright Claims Board shall dismiss that 

3 respondent from the proceeding without prejudice. If 

4 a claimant fails to complete service on all respond5 ents within that 90-day period, the Copyright Claims 

6 Board shall dismiss the proceeding without preju7 dice. 

8 ‘‘(2) FAILURE TO PROSECUTE.—If a claimant 

9 fails to proceed in an active proceeding, as dem10 onstrated by the claimant’s failure, without justifi11 able cause, to meet one or more deadlines or require12 ments set forth in the schedule adopted by the Copy13 right Claims Board under subsection (k), the Copy14 right Claims Board may, upon providing written no15 tice to the claimant and a period of 30 days, begin16 ning on the date of the notice, to respond to the no17 tice, and after considering any such response, issue 

18 a determination dismissing the claimants’ claims, 

19 which shall include an award of attorneys’ fees and 

20 costs, if appropriate, under subsection (y)(2). There21 after, the claimant may only challenge such deter22 mination to the extent permitted under section 

23 1508(c), except that, before any additional pro24 ceedings are initiated under section 1508, the CopyVerDate Sep 11 2014 02:03 Oct 09, 2020 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S4632.IS S4632

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1 right Claims Board may, in the interests of justice, 

2 vacate the determination of dismissal. 

3 ‘‘(w) REQUEST FOR RECONSIDERATION.—A party 

4 may, within 30 days after the date on which the Copyright 

5 Claims Board issues a final determination in a proceeding 

6 under this chapter, submit a written request for reconsid7 eration of, or an amendment to, such determination if the 

8 party identifies a clear error of law or fact material to 

9 the outcome, or a technical mistake. After providing the 

10 other parties an opportunity to address such request, the 

11 Copyright Claims Board shall either deny the request or 

12 issue an amended final determination. 

13 ‘‘(x) REVIEW BY REGISTER.—If the Copyright 

14 Claims Board denies a party a request for reconsideration 

15 of a final determination under subsection (w), that party 

16 may, within 30 days after the date of such denial, request 

17 review of the final determination by the Register of Copy18 rights in accordance with regulations established by the 

19 Register. Such request shall be accompanied by a reason20 able filing fee, as provided in such regulations. The review 

21 by the Register shall be limited to consideration of whether 

22 the Copyright Claims Board abused its discretion in deny23 ing reconsideration of the determination. After providing 

24 the other parties an opportunity to address the request, 

25 the Register shall either deny the request for review, or 


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1 remand the proceeding to the Copyright Claims Board for 

2 reconsideration of issues specified in the remand and for 

3 issuance of an amended final determination. Such amend4 ed final determination shall not be subject to further con5 sideration or review, other than under section 1508(c). 

6 ‘‘(y) CONDUCT OF PARTIES AND ATTORNEYS.— 

7 ‘‘(1) CERTIFICATION.—The Register of Copy8 rights shall establish regulations requiring certifi9 cation of the accuracy and truthfulness of state10 ments made by participants in proceedings before 

11 the Copyright Claims Board. 

12 ‘‘(2) BAD FAITH CONDUCT.—Notwithstanding 

13 any other provision of law, in any proceeding in 

14 which a determination is rendered and it is estab15 lished that a party pursued a claim, counterclaim, or 

16 defense for a harassing or other improper purpose, 

17 or without a reasonable basis in law or fact, then, 

18 unless inconsistent with the interests of justice, the 

19 Copyright Claims Board shall in such determination 

20 award reasonable attorneys’ fees and costs to any 

21 adversely affected party of in an amount of not more 

22 than $5,000, except that— 

23 ‘‘(A) if an adversely affected party ap24 peared pro se in the proceeding, the award to 


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1 that party shall be for costs only, in an amount 

2 of not more than $2,500; and 

3 ‘‘(B) in extraordinary circumstances, such 

4 as where a party has demonstrated a pattern or 

5 practice of bad faith conduct as described in 

6 this paragraph, the Copyright Claims Board 

7 may, in the interests of justice, award costs in 

8 excess of the limitations under this paragraph. 

9 ‘‘(3) ADDITIONAL PENALTY.—If the Board 

10 finds that on more than one occasion within a 12- 

11 month period a party pursued a claim, counterclaim, 

12 or defense before the Copyright Claims Board for a 

13 harassing or other improper purpose, or without a 

14 reasonable basis in law or fact, that party shall be 

15 barred from initiating a claim before the Copyright 

16 Claims Board under this chapter for a period of 12 

17 months beginning on the date on which the Board 

18 makes such a finding. Any proceeding commenced 

19 by that party that is still pending before the Board 

20 when such a finding is made shall be dismissed with21 out prejudice, except that if a proceeding has been 

22 deemed active under subsection (i), the proceeding 

23 shall be dismissed under this paragraph only if the 

24 respondent provides written consent thereto. 


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1 ‘‘(z) REGULATIONS FOR SMALLER CLAIMS.—The 

2 Register of Copyrights shall establish regulations to pro3 vide for the consideration and determination, by at least 

4 one Copyright Claims Officer, of any claim under this 

5 chapter in which total damages sought do not exceed 

6 $5,000 (exclusive of attorneys’ fees and costs). A deter7 mination issued under this subsection shall have the same 

8 effect as a determination issued by the entire Copyright 

9 Claims Board. 

10 ‘‘§ 1507. Effect of proceeding 

11 ‘‘(a) DETERMINATION.—Subject to the reconsider12 ation and review processes provided under subsections (w) 

13 and (x) of section 1506 and section 1508(c), the issuance 

14 of a final determination by the Copyright Claims Board 

15 in a proceeding, including a default determination or de16 termination based on a failure to prosecute, shall, solely 

17 with respect to the parties to such determination, preclude 

18 relitigation before any court or tribunal, or before the 

19 Copyright Claims Board, of the claims and counterclaims 

20 asserted and finally determined by the Board, and may 

21 be relied upon for such purpose in a future action or pro22 ceeding arising from the same specific activity or activi23 ties, subject to the following: 

24 ‘‘(1) A determination of the Copyright Claims 

25 Board shall not preclude litigation or relitigation as 


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1 between the same or different parties before any 

2 court or tribunal, or the Copyright Claims Board, of 

3 the same or similar issues of fact or law in connec4 tion with claims or counterclaims not asserted or not 

5 finally determined by the Copyright Claims Board. 

6 ‘‘(2) A determination of ownership of a copy7 righted work for purposes of resolving a matter be8 fore the Copyright Claims Board may not be relied 

9 upon, and shall not have any preclusive effect, in 

10 any other action or proceeding before any court or 

11 tribunal, including the Copyright Claims Board. 

12 ‘‘(3) Except to the extent permitted under this 

13 subsection and section 1508, any determination of 

14 the Copyright Claims Board may not be cited or re15 lied upon as legal precedent in any other action or 

16 proceeding before any court or tribunal, including 

17 the Copyright Claims Board. 

18 ‘‘(b) CLASS ACTIONS NOT AFFECTED.— 

19 ‘‘(1) IN GENERAL.—A proceeding before the 

20 Copyright Claims Board shall not have any effect on 

21 a class action proceeding in a district court of the 

22 United States, and section 1509(a) shall not apply 

23 to a class action proceeding in a district court of the 

24 United States. 


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1 ‘‘(2) NOTICE OF CLASS ACTION.—Any party to 

2 an active proceeding before the Copyright Claims 

3 Board who receives notice of a pending class action, 

4 arising out of the same transaction or occurrence as 

5 the proceeding before the Copyright Claims Board, 

6 in which the party is a class member shall either— 

7 ‘‘(A) opt out of the class action, in accord8 ance with regulations established by the Reg9 ister of Copyrights; or 

10 ‘‘(B) seek dismissal under section 

11 1506(q)(3) of the proceeding before the Copy12 right Claims Board. 

13 ‘‘(c) OTHER MATERIALS IN PROCEEDING.—Except 

14 as permitted under this section and section 1508, a sub15 mission or statement of a party or witness made in connec16 tion with a proceeding before the Copyright Claims Board, 

17 including a proceeding that is dismissed, may not be cited 

18 or relied upon in, or serve as the basis of, any action or 

19 proceeding concerning rights or limitations on rights 

20 under this title before any court or tribunal, including the 

21 Copyright Claims Board. 

22 ‘‘(d) APPLICABILITY OF SECTION 512(g).—A claim 

23 or counterclaim before the Copyright Claims Board that 

24 is brought under subsection (c)(1) or (c)(4) of section 

25 1504, or brought under subsection (c)(6) of section 1504 


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1 and that relates to a claim under subsection (c)(1) or 

2 (c)(4) of such section, qualifies as an action seeking an 

3 order to restrain a subscriber from engaging in infringing 

4 activity under section 512(g)(2)(C) if— 

5 ‘‘(1) notice of the commencement of the Copy6 right Claims Board proceeding is provided by the 

7 claimant to the service provider’s designated agent 

8 before the service provider replaces the material fol9 lowing receipt of a counter notification under section 

10 512(g); and 

11 ‘‘(2) the claim brought alleges infringement of 

12 the material identified in the notification of claimed 

13 infringement under section 512(c)(1)(C). 

14 ‘‘(e) FAILURE TO ASSERT COUNTERCLAIM.—The 

15 failure or inability to assert a counterclaim in a proceeding 

16 before the Copyright Claims Board shall not preclude the 

17 assertion of that counterclaim in a subsequent court action 

18 or proceeding before the Copyright Claims Board. 

19 ‘‘(f) OPT-OUT OR DISMISSAL OF PARTY.—If a party 

20 has timely opted out of a proceeding under section 1506(i) 

21 or is dismissed from a proceeding before the Copyright 

22 Claims Board issues a final determination in the pro23 ceeding, the determination shall not be binding upon and 

24 shall have no preclusive effect with respect to that party. 


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1 ‘‘§ 1508. Review and confirmation by district court 

2 ‘‘(a) IN GENERAL.—In any proceeding in which a 

3 party has failed to pay damages, or has failed otherwise 

4 to comply with the relief, awarded in a final determination 

5 of the Copyright Claims Board, including a default deter6 mination or a determination based on a failure to pros7 ecute, the aggrieved party may, not later than 1 year after 

8 the date on which the final determination is issued, any 

9 reconsideration by the Copyright Claims Board or review 

10 by the Register of Copyrights is resolved, or an amended 

11 final determination is issued, whichever occurs last, apply 

12 to the United States District Court for the District of Co13 lumbia or any other appropriate district court of the 

14 United States for an order confirming the relief awarded 

15 in the final determination and reducing such award to 

16 judgment. The court shall grant such order and direct 

17 entry of judgment unless the determination is or has been 

18 vacated, modified, or corrected under subsection (c). If the 

19 United States District Court for the District of Columbia 

20 or other district court of the United States, as the case 

21 may be, issues an order confirming the relief awarded by 

22 the Copyright Claims Board, the court shall impose on the 

23 party who failed to pay damages or otherwise comply with 

24 the relief, the reasonable expenses required to secure such 

25 order, including attorneys’ fees, that were incurred by the 

26 aggrieved party. 


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1 ‘‘(b) FILING PROCEDURES.— 

2 ‘‘(1) APPLICATION TO CONFIRM DETERMINA3 TION.—Notice of the application under subsection 

4 (a) for confirmation of a determination of the Copy5 right Claims Board and entry of judgment shall be 

6 provided to all parties to the proceeding before the 

7 Copyright Claims Board that resulted in the deter8 mination, in accordance with the procedures applica9 ble to service of a motion in the district court of the 

10 United States where the application is made. 

11 ‘‘(2) CONTENTS OF APPLICATION.—The appli12 cation shall include the following: 

13 ‘‘(A) A certified copy of the final or 

14 amended final determination of the Copyright 

15 Claims Board, as reflected in the records of the 

16 Copyright Claims Board, following any process 

17 of reconsideration or review by the Register of 

18 Copyrights, to be confirmed and rendered to 

19 judgment. 

20 ‘‘(B) A declaration by the applicant, under 

21 penalty of perjury— 

22 ‘‘(i) that the copy is a true and cor23 rect copy of such determination; 

24 ‘‘(ii) stating the date it was issued; 


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1 ‘‘(iii) stating the basis for the chal2 lenge under subsection (c)(1); and 

3 ‘‘(iv) stating whether the applicant is 

4 aware of any other proceedings before the 

5 court concerning the same determination 

6 of the Copyright Claims Board. 

7 ‘‘(c) CHALLENGES TO THE DETERMINATION.— 

8 ‘‘(1) BASES FOR CHALLENGE.—Not later than 

9 90 days after the date on which the Copyright 

10 Claims Board issues a final or amended final deter11 mination in a proceeding, or not later than 90 days 

12 after the date on which the Register of Copyrights 

13 completes any process of reconsideration or review of 

14 the determination, whichever occurs later, a party 

15 may seek a court order vacating, modifying, or cor16 recting the determination of the Copyright Claims 

17 Board in the following cases: 

18 ‘‘(A) If the determination was issued as a 

19 result of fraud, corruption, misrepresentation, 

20 or other misconduct. 

21 ‘‘(B) If the Copyright Claims Board ex22 ceeded its authority or failed to render a final 

23 determination concerning the subject matter at 

24 issue. 


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1 ‘‘(C) In the case of a default determination 

2 or determination based on a failure to pros3 ecute, if it is established that the default or fail4 ure was due to excusable neglect. 

5 ‘‘(2) PROCEDURE TO CHALLENGE.— 

6 ‘‘(A) NOTICE OF APPLICATION.—Notice of 

7 the application to challenge a determination of 

8 the Copyright Claims Board shall be provided 

9 to all parties to the proceeding before the Copy10 right Claims Board, in accordance with the pro11 cedures applicable to service of a motion in the 

12 court where the application is made. 

13 ‘‘(B) STAYING OF PROCEEDINGS.—For 

14 purposes of an application under this sub15 section, any judge who is authorized to issue an 

16 order to stay the proceedings in an any other 

17 action brought in the same court may issue an 

18 order, to be served with the notice of applica19 tion, staying proceedings to enforce the award 

20 while the challenge is pending. 

21 ‘‘§ 1509. Relationship to other district court actions 

22 ‘‘(a) STAY OF DISTRICT COURT PROCEEDINGS.— 

23 Subject to section 1507(b), a district court of the United 

24 States shall issue a stay of proceedings or such other relief 

25 as the court determines appropriate with respect to any 


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1 claim brought before the court that is already the subject 

2 of a pending or active proceeding before the Copyright 

3 Claims Board. 

4 ‘‘(b) ALTERNATIVE DISPUTE RESOLUTION PROC5 ESS.—A proceeding before the Copyright Claims Board 

6 under this chapter shall qualify as an alternative dispute 

7 resolution process under section 651 of title 28 for pur8 poses of referral of eligible cases by district courts of the 

9 United States upon the consent of the parties. 

10 ‘‘§ 1510. Implementation by Copyright Office 

11 ‘‘(a) REGULATIONS.— 

12 ‘‘(1) IMPLEMENTATION GENERALLY.—The Reg13 ister of Copyrights shall establish regulations to 

14 carry out this chapter. Such regulations shall include 

15 the fees prescribed under subsections (e) and (x) of 

16 section 1506. The authority to issue such fees shall 

17 not limit the authority of the Register of Copyrights 

18 to establish fees for services under section 708. All 

19 fees received by the Copyright Office in connection 

20 with the activities under this chapter shall be depos21 ited by the Register of Copyrights and credited to 

22 the appropriations for necessary expenses of the Of23 fice in accordance with section 708(d). In estab24 lishing regulations under this subsection, the Reg25 ister of Copyrights shall provide for the efficient adVerDate Sep 11 2014 02:03 Oct 09, 2020 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S4632.IS S4632

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1 ministration of the Copyright Claims Board, and for 

2 the ability of the Copyright Claims Board to timely 

3 complete proceedings instituted under this chapter, 

4 including by implementing mechanisms to prevent 

5 harassing or improper use of the Copyright Claims 

6 Board by any party. 

7 ‘‘(2) LIMITS ON MONETARY RELIEF.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), the Register of Copyrights may, in 

10 order to further the goals of the Copyright 

11 Claims Board, conduct a rulemaking to adjust 

12 the limits on monetary recovery or attorneys’ 

13 fees and costs that may be awarded under this 

14 chapter. 

15 ‘‘(B) EFFECTIVE DATE OF ADJUST16 MENT.—Any rule under subparagraph (A) that 

17 makes an adjustment shall take effect at the 

18 end of the 120-day period beginning on the 

19 date on which the Register of Copyrights sub20 mits the rule to Congress and only if Congress 

21 does not, during that 120-day period, enact a 

22 law that provides in substance that Congress 

23 does not approve the rule. 

24 ‘‘(b) NECESSARY FACILITIES.—Subject to applicable 

25 law, the Register of Copyrights may retain outside vendors 


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1 to establish internet-based, teleconferencing, and other fa2 cilities required to operate the Copyright Claims Board. 

3 ‘‘(c) FEES.—Any filing fees, including the fee to com4 mence a proceeding under section 1506(e), shall be pre5 scribed in regulations established by the Register of Copy6 rights. The sum total of such filing fees shall be in an 

7 amount of at least $100, may not exceed the cost of filing 

8 an action in a district court of the United States, and shall 

9 be fixed in amounts that further the goals of the Copyright 

10 Claims Board. 

11 ‘‘§ 1511. Funding 

12 ‘‘There are authorized to be appropriated such sums 

13 as may be necessary to pay the costs incurred by the Copy14 right Office under this chapter that are not covered by 

15 fees collected for services rendered under this chapter, in16 cluding the costs of establishing and maintaining the 

17 Copyright Claims Board and its facilities.’’. 

18 (b) CLERICAL AMENDMENT.—The table of chapters 

19 for title 17, United States Code, is amended by adding 

20 after the item relating to chapter 14 the following: 

‘‘15. Copyright Small Claims ........................................................ 1501’’. 

21 SEC. 102. IMPLEMENTATION. 

22 Not later 1 year after the date of enactment of this 

23 Act, the Copyright Claims Board established under section 

24 1502 of title 17, United States Code, as added by section 

25 101 of this Act, shall begin operations. 


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1 SEC. 103. STUDY. 

2 Not later than 3 years after the date on which the 

3 Copyright Claims Board issues the first determination of 

4 the Copyright Claims Board under chapter 15 of title 17, 

5 United States Code, as added by section 101 of this Act, 

6 the Register of Copyrights shall conduct, and report to 

7 Congress on, a study that addresses the following: 

8 (1) The use and efficacy of the Copyright 

9 Claims Board in resolving copyright claims, includ10 ing the number of proceedings the Copyright Claims 

11 Board could reasonably administer. 

12 (2) Whether adjustments to the authority of the 

13 Copyright Claims Board are necessary or advisable, 

14 including with respect to— 

15 (A) eligible claims, such as claims under 

16 section 1202 of title 17, United States Code; 

17 and 

18 (B) works and applicable damages limita19 tions. 

20 (3) Whether greater allowance should be made 

21 to permit awards of attorneys’ fees and costs to pre22 vailing parties, including potential limitations on 

23 such awards. 

24 (4) Potential mechanisms to assist copyright 

25 owners with small claims in ascertaining the identity 

26 and location of unknown online infringers. 


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1 (5) Whether the Copyright Claims Board 

2 should be expanded to offer mediation or other non3 binding alternative dispute resolution services to in4 terested parties. 

5 (6) Such other matters as the Register of Copy6 rights believes may be pertinent concerning the 

7 Copyright Claims Board. 

8 SEC. 104. SEVERABILITY. 

9 If any provision of this title, an amendment made by 

10 this title, or the application of such provision or amend11 ment to any person or circumstance is held to be unconsti12 tutional, the remainder of this title and the amendments 

13 made by this title, and the application of the provision or 

14 the amendment to any other person or circumstance, shall 

15 not be affected. 

16 TITLE II—GOOD SAMARITAN 

17 BLOCKING 

18 SEC. 201. PROTECTION FROM CIVIL LIABILITY FOR ‘‘GOOD 

19 SAMARITAN’’ BLOCKING AND SCREENING OF 

20 OFFENSIVE MATERIAL. 

21 Section 230 of the Communications Act of 1934 (47 

22 U.S.C. 230) is amended— 

23 (1) in subsection (c)— 

24 (A) in paragraph (1)— 


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1 (i) by striking ‘‘No provider’’ and in2 serting the following: 

3 ‘‘(A) IN GENERAL.—No provider’’; and 

4 (ii) by adding at the end the fol5 lowing: 

6 ‘‘(B) APPLICABILITY.— 

7 ‘‘(i) IN GENERAL.—Subparagraph (A) 

8 shall not apply to any decision or agree9 ment made or action taken by a provider 

10 or user of an interactive computer service 

11 to restrict access to or availability of mate12 rial provided by another information con13 tent provider. 

14 ‘‘(ii) CIVIL LIABILITY.—Any applica15 ble immunity for a decision or agreement 

16 made or action taken by a provider or user 

17 of an interactive computer service de18 scribed in clause (i) shall be provided solely 

19 by paragraph (2).’’; and 

20 (B) in paragraph (2)— 

21 (i) in subparagraph (A)— 

22 (I) by striking ‘‘considers to be’’ 

23 and inserting ‘‘has an objectively rea24 sonable belief is’’; and 


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1 (II) by striking ‘‘or otherwise ob2 jectionable’’ and inserting ‘‘promoting 

3 self-harm, promoting terrorism, or un4 lawful’’; and 

5 (ii) in subparagraph (B), by striking 

6 ‘‘paragraph (1)’’ and inserting ‘‘subpara7 graph (A)’’; and 

8 (2) in subsection (f)(3)— 

9 (A) by striking ‘‘The term’’ and inserting 

10 the following: 

11 ‘‘(A) IN GENERAL.—The term’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(B) RESPONSIBILITY.—For purposes of 

14 subparagraph (A), being responsible in whole or 

15 in part for the creation or development of infor16 mation— 

17 ‘‘(i) includes any instance in which a 

18 person or entity editorializes or affirma19 tively and substantively modifies the con20 tent of another person or entity; and 

21 ‘‘(ii) does not include a change to the 

22 format, layout, or basic appearance of the 

23 content of another person or entity.’’. 

Æ 


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