I 

114TH CONGRESS 

2D SESSION H. R. 6496 

To amend title 17, United States Code, to establish a small claims system 

within the Copyright Office, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2016 

Ms. JUDY CHU of California (for herself and Mr. SMITH of Texas) introduced 

the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 17, United States Code, to establish a small 

claims system within the Copyright Office, 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. 

4 This Act may be cited as the ‘‘Fairness for American 

5 Small Creators Act’’. 

6 SEC. 2. ESTABLISHMENT OF COPYRIGHT CLAIMS BOARD. 

7 (a) AMENDMENT.—Title 17, United States Code, is 

8 amended by adding at the end the following new chapter: 


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1 ‘‘CHAPTER 14—COPYRIGHT CLAIMS 

2 BOARD 

‘‘Sec. 

‘‘1401. Copyright Claims Board. 

‘‘1402. Duties of officers and staff. 

‘‘1403. Nature of proceedings. 

‘‘1404. Registration certificate required. 

‘‘1405. Proceedings. 

‘‘1406. Effect of proceeding. 

‘‘1407. Confirmation or review by district court. 

‘‘1408. Referral of cases by district courts. 

‘‘1409. Definitions. 

3 ‘‘§ 1401. Copyright Claims Board 

4 ‘‘(a) ESTABLISHMENT.—There is established within 

5 the Copyright Office of the Library of Congress a Copy6 right Claims Board (hereinafter the ‘Board’), which shall 

7 serve as an alternative forum in which parties may choose 

8 to resolve certain copyright claims as provided in this 

9 chapter. 

10 ‘‘(b) OFFICERS AND STAFF.— 

11 ‘‘(1) COPYRIGHT CLAIMS OFFICERS.— 

12 ‘‘(A) APPOINTMENT.—The Librarian of 

13 Congress shall appoint 3 full-time copyright 

14 claims officers to serve on the Board who are 

15 recommended as qualified by the Register of 

16 Copyrights. 

17 ‘‘(B) QUALIFICATIONS.—Each copyright 

18 claims officer shall be an attorney with not less 

19 than 7 years of legal experience. Two of the 

20 copyright claims officers shall have substantial 


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1 experience in the evaluation, litigation, or adju2 dication of copyright infringement claims and, 

3 between them, shall have represented or pre4 sided over a diversity of copyright interests, in5 cluding those of both owners and users of copy6 righted works. The third copyright claims offi7 cer shall have substantial experience in the field 

8 of alternative dispute resolution. 

9 ‘‘(C) TERM.—A copyright claims officer 

10 shall serve for a term of 6 years, which may be 

11 renewed by the Librarian of Congress upon the 

12 recommendation of Register of Copyrights. The 

13 term for the first three copyright claims officers 

14 appointed pursuant to subparagraph (A) shall 

15 be 4, 5, and 6 years, respectively. 

16 ‘‘(D) VACANCIES.—If a vacancy occurs in 

17 the position of a copyright claims officer, the 

18 Librarian of Congress shall act expeditiously to 

19 appoint a copyright claims officer for that posi20 tion who is recommended as qualified by the 

21 Register of Copyrights. A copyright claims offi22 cer appointed to fill a vacancy that occurs be23 fore the expiration of the term for which the of24 ficer’s predecessor was appointed shall be ap25 pointed to serve a full term of 6 years. 


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1 ‘‘(E) INCAPACITY.—If a copyright claims 

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

4 shall act expeditiously to appoint an interim 

5 copyright claims officer, who is recommended as 

6 qualified by the Register of Copyrights, to per7 form the duties during the period of incapacity. 

8 ‘‘(F) COMPENSATION.—The Librarian of 

9 Congress shall set the annual rate of pay for 

10 any copyright claims officer appointed under 

11 this paragraph. Any annual rate of pay estab12 lished under this subparagraph shall be not less 

13 than the minimum rate of pay, and not greater 

14 than the maximum rate of pay, applicable to a 

15 Senior-Level (SL) position established under 

16 section 5108 of title 5, United States Code. 

17 ‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.— 

18 ‘‘(A) APPOINTMENT.—The Register of 

19 Copyrights shall appoint not fewer than 2 full20 time copyright claims attorneys to assist in the 

21 administration of the Board. 

22 ‘‘(B) QUALIFICATIONS.—Each copyright 

23 claims attorney shall be an attorney with not 

24 less than 3 years of substantial experience in 

25 the field of copyright law. 


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1 ‘‘(C) COMPENSATION.—The Register of 

2 Copyrights shall set the annual rate of pay for 

3 any copyright claims attorney appointed under 

4 this paragraph. Any annual rate of pay estab5 lished under this subparagraph shall be not 

6 greater than the annual rate of pay for a posi7 tion classified at step 10 of GS–15 of the Gen8 eral Schedule. 

9 ‘‘(3) SUPERVISION AND REMOVAL.—Subject to 

10 section 1402(c), each copyright claims officer and 

11 each copyright claims attorney shall be supervised 

12 and removable by the Librarian of Congress. 

13 ‘‘(4) ADMINISTRATIVE SUPPORT.—The Register 

14 of Copyrights shall provide each copyright claims of15 ficer and each copyright claims attorney with nec16 essary administrative support, including techno17 logical facilities, to carry out the duties of such offi18 cer and attorney under this chapter. 

19 ‘‘(5) LOCATION IN COPYRIGHT OFFICE.—The 

20 offices and facilities of the copyright claims officers 

21 and copyright claims attorneys shall be located at 

22 the Copyright Office. 


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1 ‘‘§ 1402. Authority and Responsibilities of the Copy2 right Claims Board 

3 ‘‘(a) COPYRIGHT CLAIMS OFFICER.—Subject to this 

4 chapter and regulations issued by the Register of Copy5 rights, the duties of a copyright claims officer are as fol6 lows: 

7 ‘‘(1) To issue determinations on any civil copy8 right claim, counterclaim, and defense as may be 

9 brought before the Board under this chapter, and to 

10 certify the determinations for confirmation by the 

11 United States District Court for the District of Co12 lumbia. 

13 ‘‘(2) To ensure that a claim, defense, and coun14 terclaim is properly filed and otherwise appropriate 

15 for resolution by the Board. 

16 ‘‘(3) To manage the proceedings of the Board 

17 and render rulings relating to the consideration of a 

18 claim, defense, and counterclaim, including sched19 uling, discovery, evidentiary, and other matters. 

20 ‘‘(4) To request the production of information 

21 and documents relevant to the resolution of a claim, 

22 defense, or counterclaim from a party in a pro23 ceeding and from others. 

24 ‘‘(5) To conduct hearings and conferences. 

25 ‘‘(6) To facilitate the settlement of any claim or 

26 counterclaim of parties. 


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1 ‘‘(7) To include in any determination of the 

2 Board a requirement for cessation or mitigation of 

3 infringing activity, including takedown or destruc4 tion of infringing materials, where the party to un5 dertake such measures has so agreed. 

6 ‘‘(8) To provide information to the public con7 cerning the procedures and requirements of the 

8 Board, including any form and instructional mate9 rial. 

10 ‘‘(9) To maintain a record of each proceeding 

11 of the Board and make public any determination in 

12 an individual proceeding. 

13 ‘‘(10) To carry out any other duties prescribed 

14 in this chapter. 

15 ‘‘(11) When not engaged in performing the du16 ties prescribed in this chapter, to perform such other 

17 duties as may be assigned by the Register of Copy18 rights. 

19 ‘‘(b) COPYRIGHT CLAIMS ATTORNEY.—Subject to 

20 this chapter and regulations issued by the Register of 

21 Copyrights, the duties of a copyright claims attorney are 

22 as follows: 

23 ‘‘(1) To provide assistance to the copyright 

24 claims officers in the administration of the duties of 

25 the officers under this chapter. 


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1 ‘‘(2) To provide assistance to members of the 

2 public with respect to the procedures and require3 ments of the Board. 

4 ‘‘(3) When not engaged in performing the du5 ties prescribed in this chapter, to perform such other 

6 duties as may be assigned by the Register of Copy7 rights. 

8 ‘‘(c) INDEPENDENCE IN DETERMINATION.— 

9 ‘‘(1) IN GENERAL.—The copyright claims offi10 cers shall render determinations in individual pro11 ceedings independently on the basis of the records in 

12 the proceedings of the Board and in accordance with 

13 the provisions of this title, judicial precedent, and 

14 applicable regulations of the Register of Copyrights. 

15 ‘‘(2) CONSULTATION WITH THE REGISTER OF

16 COPYRIGHTS.—The copyright claims officers and 

17 copyright claims attorneys may consult with the 

18 Register of Copyrights on general issues of law, but, 

19 subject to section 1405(y), not with respect to the 

20 facts of any particular matter pending before them 

21 or the application of law thereto. 

22 ‘‘(3) PERFORMANCE REVIEW.—Notwithstanding 

23 any other provision of law or any regulation or pol24 icy of the Library of Congress or Register of Copy25 rights, no performance appraisal of a copyright 


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1 claims officer or copyright claims attorney shall con2 sider the substantive result of any individual deter3 mination reached by the Board as a basis for ap4 praisal except insofar as it may relate to an actual 

5 or alleged violation of an ethical standard of con6 duct. 

7 ‘‘(d) DIRECTION BY REGISTER.—Subject to sub8 section (b), the Register of Copyrights shall direct each 

9 copyright claims officer and each copyright claims attor10 ney in the administration of their respective duties under 

11 this chapter. 

12 ‘‘(e) INCONSISTENT DUTIES BARRED.—A copyright 

13 claims officer or copyright claims attorney may not under14 take any duty or responsibility that conflicts with any duty 

15 under this chapter. 

16 ‘‘(f) RECUSAL.—A copyright claims officer or copy17 right claims attorney shall recuse themself from participa18 tion in any proceeding with respect to which the copyright 

19 claims officer has reason to believe there is a conflict of 

20 interest. 

21 ‘‘(g) EX PARTE COMMUNICATIONS.—Except as oth22 erwise provided by law, any party proceeding before the 

23 Board shall refrain from ex parte communications with 

24 a copyright claims officer concerning the substance of any 

25 proceeding before the Board, except that a copyright 


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1 claims attorney may provide information and assistance 

2 to parties concerning the procedures and requirements of 

3 the Board. 

4 ‘‘(h) JUDICIAL REVIEW.—Actions of the copyright 

5 claims officers and the Register of Copyrights under this 

6 chapter in connection with the rendering of individual de7 terminations are subject to judicial review as provided 

8 under section 1407(b) and not under chapter 7 of title 

9 5. 

10 ‘‘§ 1403. Nature of Proceedings 

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

12 a Board proceeding is on a voluntary basis in accordance 

13 with this chapter, and the right of any party to instead 

14 pursue a claim, counterclaim, or defense in a United 

15 States district court or any other court, including a jury 

16 trial, is preserved. 

17 ‘‘(b) STATUTE OF LIMITATIONS.— 

18 ‘‘(1) IN GENERAL.—No proceeding shall be 

19 maintained before the Board unless it is commenced 

20 before the Board within 3 years after the claim that 

21 is the basis for the proceeding accrued. 

22 ‘‘(2) TOLLING.—Subject to section 1406(a), a 

23 proceeding commenced before the Board shall toll 

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1 eral district court during the time it remains pend2 ing. 

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

4 DEFENSES.—The copyright claims officers may render de5 terminations with respect to the following claims, counter6 claims, and defenses, subject to such further limitations 

7 and requirements, including with respect to particular 

8 classes of works, as may be set forth in regulations issued 

9 by the Register of Copyrights: 

10 ‘‘(1) INFRINGEMENT.—A claim for infringe11 ment or a declaration of infringement of an exclusive 

12 right of copyright provided under section 106 as13 serted by the legal or beneficial owner of such exclu14 sive right at the time of infringement in which the 

15 claimant seeks damages, if any, subject to the limi16 tations described in subsection (e)(1). 

17 ‘‘(2) DECLARATION OF NONINFRINGEMENT.—A 

18 claim for a declaration of noninfringement of an ex19 clusive right of copyright provided under section 106 

20 in which the claimant seeks damages, if any, subject 

21 to the limitations described in subsection (e)(1) and 

22 in which an actual controversy exists as evidenced by 

23 a documented threat of legal action against the 

24 claimant. 


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1 ‘‘(3) MISREPRESENTATION; REMOVAL OF COPY2 RIGHT MANAGEMENT INFORMATION.—Notwith3 standing any other provision of law, a claim under 

4 section 512(f), except that any remedy in a pro5 ceeding before the Board is limited to those available 

6 under this chapter. 

7 ‘‘(4) COUNTERCLAIM.—A counterclaim asserted 

8 solely against any claimant in a proceeding in which 

9 any counterclaimant seeks damages, if any, within 

10 the limitations set forth in subsection (e)(1), and 

11 that— 

12 ‘‘(A) arises under section 106 or 512(f), 

13 and out of the same transaction or occurrence 

14 that is the subject of a claim of infringement 

15 brought under paragraph (1), a claim of non16 infringement under paragraph (2), or a claim of 

17 misrepresentation or a claim of removal of 

18 copyright management information, under para19 graph (3); or 

20 ‘‘(B) arises under an agreement relating to 

21 the same transaction or occurrence that is the 

22 subject of a claim of infringement brought 

23 under paragraph (1) and could affect the relief 

24 awarded to the claimant. 


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1 ‘‘(5) DEFENSE.—A legal or equitable defense 

2 under this title or otherwise available under law in 

3 response to a claim or counterclaim asserted under 

4 this subsection. 

5 ‘‘(6) MULTIPLE CLAIMS.—A single claim or 

6 multiple claims permitted under paragraph (1), (2), 

7 or (3) by one or more claimants against one or more 

8 respondents, but only if all claims asserted in any 

9 one proceeding arise out of the same allegedly in10 fringing activity or a continuous course of alleged in11 fringement and do not in the aggregate result in a 

12 claim for damages in excess of the limitation pro13 vided in subsection (e)(1)(D). 

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

15 counterclaims are not subject to determination by the 

16 Board: 

17 ‘‘(1) A claim or counterclaim that is not a per18 missible claim or counterclaim under subsection (c). 

19 ‘‘(2) A claim or counterclaim already pending 

20 before, or finally adjudicated by, a court of com21 petent jurisdiction, unless in the case of a pending 

22 claim or counterclaim, the court issues a stay to per23 mit such claim or counterclaim to proceed before the 

24 Board. 


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

2 Federal or State government entity. 

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

4 person or entity residing outside of the United 

5 States. 

6 ‘‘(5) A claim or counterclaim dismissed by the 

7 Board pursuant to section 1405(f)(3). 

8 ‘‘(e) PERMISSIBLE REMEDIES.— 

9 ‘‘(1) DAMAGES FOR INFRINGEMENT.— 

10 ‘‘(A) ACTUAL AND STATUTORY DAM11 AGES.—Subject to the limitation on total dam12 ages set forth in subparagraph (D), with re13 spect to a claim or counterclaim for infringe14 ment of copyright, the Board may award— 

15 ‘‘(i) actual damages and profits of the 

16 infringing party determined in accordance 

17 with section 504(b), which determination 

18 shall include in appropriate cases consider19 ation of whether the infringing party has 

20 agreed to cease or mitigate the infringing 

21 activity as provided under paragraph (2); 

22 or 

23 ‘‘(ii) limited statutory damages, which 

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1 tion 504(c), subject to the following condi2 tions: 

3 ‘‘(I) With respect to a work time4 ly registered as described under sec5 tion 412 and eligible for an award of 

6 statutory damages under that section, 

7 statutory damages may not exceed 

8 $15,000 per work infringed. 

9 ‘‘(II) With respect to a work not 

10 timely registered as described under 

11 section 412 but eligible for an award 

12 of statutory damages under section 

13 1404(b), statutory damages may not 

14 exceed $7,500 per work infringed, or 

15 a total of $15,000 in any one pro16 ceeding. 

17 ‘‘(III) In making an award of 

18 statutory damages, the Board may 

19 not make any finding or consider 

20 whether the infringement was com21 mitted willfully. 

22 ‘‘(IV) The Board may consider, 

23 as an additional factor in awarding 

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1 gate the infringing activity under 

2 paragraph (2). 

3 ‘‘(B) ELECTION OF DAMAGES.—With re4 spect to a claim or counterclaim of infringe5 ment, the claimant or counterclaimant shall, 

6 after the close of discovery and in accordance 

7 with the schedule adopted by the Board pursu8 ant to section 1405(k), elect to pursue either 

9 actual damages and profits or statutory dam10 ages under subparagraph (A). 

11 ‘‘(C) OTHER DAMAGES.—Damages for any 

12 claim and counterclaim, other than an infringe13 ment claim, shall be awarded in accordance 

14 with applicable law and shall be subject to the 

15 limitation set forth in subparagraph (D). 

16 ‘‘(D) LIMITATION ON TOTAL DAMAGES.— 

17 Notwithstanding any other provision of law, a 

18 party who pursues one or more claims or coun19 terclaims in any single proceeding before the 

20 Board may not seek or recover in such pro21 ceeding damages totaling more than $30,000, 

22 not including any attorneys’ fees and costs that 

23 may be awarded under section 1405(z)(2). 

24 ‘‘(2) AGREEMENT BY PARTY TO CEASE IN25 FRINGING ACTIVITY.—In any proceeding in which a 


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1 party agrees to cease activity (including by removal 

2 or disabling of access to, or destruction of, material 

3 that is found to infringe) and the agreement is in4 cluded in the record, the Board shall include in the 

5 final determination a requirement that such party, if 

6 found to have infringed, cease the infringing conduct 

7 to the extent agreed. 

8 ‘‘(3) COSTS AND ATTORNEYS’ FEES.—Notwith9 standing any other provision of law and except as 

10 provided under section 1405(z)(2), each party to a 

11 proceeding before the Board shall bear the costs and 

12 attorneys’ fees of that party. 

13 ‘‘§ 1404. Registration requirement 

14 ‘‘(a) REQUIREMENTS TO FILE CLAIM OR COUNTER15 CLAIM.—No claim or counterclaim alleging infringement 

16 of an exclusive right of copyright may be asserted before 

17 the Board unless the owner of the copyright has first deliv18 ered a completed application, deposit, and the required fee 

19 for registration to the Copyright Office and either a reg20 istration certificate has been issued or has not been re21 fused. 

22 ‘‘(b) DAMAGES.—Notwithstanding any other provi23 sion of law, a claimant or counterclaimant in a proceeding 

24 before the Board may not recover actual damages and 

25 profits or limited statutory damages for infringement of 


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1 a work under this chapter unless the requirements of sub2 section (a) have been met and— 

3 ‘‘(1) until the Copyright Offices issues a reg4 istration certificate; 

5 ‘‘(2) until the registration certificate is sub6 mitted to the Board and made available to the other 

7 parties to the proceeding and the other parties have 

8 been provided an opportunity to address the 

9 issuance of the registration certificate; 

10 ‘‘(3) the proceeding is not being held in abey11 ance as described in subsection (c); and 

12 ‘‘(4) the proceeding has not be dismissed with13 out prejudice, in the case of a proceeding in which 

14 the Board receives notice that registration has been 

15 refused by the Copyright Office. 

16 ‘‘(c) ABEYANCE.—In the case of a proceeding that 

17 cannot proceed due to an outstanding registration certifi18 cate, the proceeding shall be held in abeyance pending sub19 mission of the certificate for the work to the Board, and 

20 if held in abeyance for more than one year, the Board 

21 may, upon providing written notice to the parties and 30 

22 days to respond, dismiss the proceeding without prejudice. 

23 ‘‘(d) PRESUMPTION.—In the case of a certificate of 

24 registration for a work that was registered before or with25 in five years after the first publication of the work, the 


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1 presumption described in section 410(c) shall apply in a 

2 proceeding before the Board. 

3 ‘‘§ 1405. Proceedings 

4 ‘‘(a) IN GENERAL.—Proceedings of the Board shall 

5 be conducted in accordance with this chapter and regula6 tions issued by the Register of Copyrights. 

7 ‘‘(b) RECORD.—The Board shall maintain records 

8 documenting the proceedings of the Board. 

9 ‘‘(c) CENTRALIZED PROCESS.—The Board may con10 duct proceedings by means of Internet-based applications 

11 and other telecommunications facilities, except that in any 

12 case involving physical or other nontestimonial evidence, 

13 the Board may make alternative arrangements for the 

14 submission of evidence if the arrangements do not preju15 dice another party to the proceeding. 

16 ‘‘(d) REPRESENTATION.—A party to a proceeding be17 fore the Board may be represented by an attorney or a 

18 law student who is qualified under applicable law to rep19 resent a party on a pro bono basis. 

20 ‘‘(e) COMMENCEMENT OF PROCEEDING.—A claimant 

21 may, subject to such additional requirements as may be 

22 prescribed in regulations issued by the Register of Copy23 rights, commence a proceeding under this section by filing 

24 a claim with the Board, that— 


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

2 support of the claim; 

3 ‘‘(2) is certified in accordance with subsection 

4 (z)(1); and 

5 ‘‘(3) is accompanied by the appropriate filing 

6 fee prescribed in such regulations which— 

7 ‘‘(A) may not exceed the cost of filing an 

8 action in a United States district court; and 

9 ‘‘(B) shall be established to further goals 

10 of the Board. 

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

12 ‘‘(1) CLAIMS.—A copyright claims attorney 

13 shall review each claim filed with the Board for com14 pliance with the provisions of this chapter and appli15 cable regulations and take action as follows: 

16 ‘‘(A) COMPLIANT CLAIM.—If the copyright 

17 claims attorney finds that a claim complies 

18 under this section the attorney shall notify the 

19 claimant that the claimant may serve notice 

20 under subsection (h). 

21 ‘‘(B) NONCOMPLIANT CLAIM.—If the copy22 right claims attorney finds that a claim does 

23 not comply under this section, the attorney 

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1 ed claim not later than 30 days after the date 

2 of such notice without paying an additional fil3 ing fee. 

4 ‘‘(C) COMPLIANT AMENDED CLAIM.—If the 

5 claimant files a compliant amended claim within 

6 the period of time described under subpara7 graph (B), the copyright claims attorney shall 

8 notify the claimant that the claimant may pro9 ceed under subparagraph (A). 

10 ‘‘(D) NONCOMPLIANT AMENDED CLAIM.— 

11 If the claimant files a noncompliant amended 

12 claim within the period of time described under 

13 subparagraph (B), the copyright claims attor14 ney shall notify the claimant under subpara15 graph (B). 

16 ‘‘(E) COMPLIANT SECOND AMENDED

17 CLAIM.—If the claimant files a compliant sec18 ond amended claim within the period of time 

19 described under subparagraph (B), the copy20 right claims attorney shall notify the claimant 

21 that the claimant may proceed under subpara22 graph (A). 

23 ‘‘(F) NONCOMPLIANT SECOND AMENDED

24 CLAIM.—If the claimant files a noncompliant 

25 second amended claim within the period of time 


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1 described under subparagraph (B), the Board 

2 shall dismiss the proceeding without prejudice. 

3 ‘‘(G) CLAIM NOT TIMELY FILED.—The 

4 Board shall dismiss without prejudice any pro5 ceeding in which a compliant claim is not timely 

6 filed. 

7 ‘‘(H) CLAIM AGAINST AN ONLINE SERVICE

8 PROVIDER.—For purposes of this paragraph, 

9 the Board shall— 

10 ‘‘(i) consider a claim against an online 

11 service provider for infringement by reason 

12 of the storage, at the direction of a user, 

13 of material residing on a system or net14 work controlled or operated by the service 

15 provider that may be subject to section 

16 512(c), or by reason of the service provider 

17 referring or linking users to an online loca18 tion containing infringing material that 

19 may be subject to the provisions of section 

20 512(d), noncompliant unless the claimant 

21 affirms in the statement required under 

22 subsection (e)(1) that the claimant has 

23 previously notified the service provider of 

24 the claimed infringement in accordance 

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1 vider failed to remove or disable access to 

2 the material within 5 business days after 

3 the date of such notice; and 

4 ‘‘(ii) if a claim is found to be non5 compliant under clause (i), provide the 

6 claimant with information concerning the 

7 service of a notice pursuant to section 

8 512(c)(3). 

9 ‘‘(2) COUNTERCLAIM.—A counterclaim shall be 

10 treated in the same manner as a claim under para11 graph (1) except that each notice shall be served on 

12 the all other parties. 

13 ‘‘(3) DISMISSAL FOR GOOD CAUSE.—If, upon 

14 reviewing a claim or counterclaim in a particular 

15 proceeding, the Board determines that the claim or 

16 counterclaim is unsuitable for determination by the 

17 Board due to a failure to join a necessary party, the 

18 lack of an essential witness, evidence, expert testi19 mony, or for other good cause, the Board shall dis20 miss the proceeding without prejudice. 

21 ‘‘(g) PROOF OF SERVICE.—To proceed with a claim 

22 against a respondent, a claimant must file with the Board 

23 proof of service of the notice described in subsection (h) 

24 on the respondent not later than 90 days after the date 


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1 on which the claimant receives notice to proceed under 

2 subsection (f)(1)(A). 

3 ‘‘(h) SERVICE OF NOTICE AND CLAIMS.—Service on 

4 a respondent by a claimant is valid only if the claimant 

5 causes notice of the proceeding and a copy of the claim 

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

7 or pursuant to a waiver of personal service, as prescribed 

8 in regulations issued by the Register of Copyrights. Each 

9 such notice shall be in accordance with the following: 

10 ‘‘(1) The notice shall adhere to a prescribed 

11 form that describes the Board under section 1401 

12 and a proceeding under section 1403, the respond13 ent’s right to opt out under subsection (i), and the 

14 consequences of opting out and not opting out. 

15 ‘‘(2) The copy of the claim served on the re16 spondent shall be as the claim was filed with the 

17 Board. 

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

19 only be made by an individual who is not a party to 

20 the proceeding and is at least 18 years of age. 

21 ‘‘(4) An individual, other than a minor or in22 competent individual, may be served by— 

23 ‘‘(A) a procedure under State law for serv24 ing a summons in an action brought in a court 


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1 of general jurisdiction in the State where serv2 ice is made; or 

3 ‘‘(B) any of the following: 

4 ‘‘(i) Delivering the notice and a copy 

5 of the claim to the individual personally. 

6 ‘‘(ii) Leaving the notice and a copy of 

7 the claim at the individual’s dwelling or 

8 usual place of abode with someone of suit9 able age and discretion who resides there. 

10 ‘‘(iii) Delivering the notice and a copy 

11 of the claim to an agent authorized by ap12 pointment or by law to receive service of 

13 process. 

14 ‘‘(5) A corporation, partnership, or unincor15 porated association that is subject to suit in courts 

16 of general jurisdiction under a common name may 

17 be served by— 

18 ‘‘(A) a procedure under State law for serv19 ing a summons in an action brought in courts 

20 of general jurisdiction in the State where serv21 ice is made; or 

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

23 the claim to an officer, a managing or general 

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1 ess in an action brought in courts of general ju2 risdiction and, if the agent is authorized by 

3 State statute and the statute so requires, by 

4 also mailing a copy of the notice and a copy of 

5 the claim to the respondent. 

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

7 service, a claimant may notify a respondent by first8 class mail or other reliable means that a proceeding 

9 has been commenced, as follows: 

10 ‘‘(A) Any such request shall— 

11 ‘‘(i) be in writing and addressed to 

12 the individual respondent; 

13 ‘‘(ii) include the notice and a copy of 

14 the claim as filed; 

15 ‘‘(iii) include 2 copies of a prescribed 

16 form for waiver of personal service; and 

17 ‘‘(iv) include a prepaid or costless 

18 means of returning the form. 

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

20 which the request was sent and provide the re21 spondent 30 days after such date to return 1 

22 copy of the signed waiver, which shall constitute 

23 proof of service for purposes of filing under 

24 subsection (g) and this subsection. 


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1 ‘‘(7) A respondent’s waiver of personal service 

2 shall not constitute a waiver of the respondent’s 

3 right to opt out of the proceeding under subsection 

4 (i). 

5 ‘‘(8) A respondent who waives personal service 

6 and does not opt out under subsection (i) shall be 

7 permitted an additional 30 days beyond the amount 

8 of time normally permitted under the applicable pro9 cedures of the Board to submit a substantive re10 sponse to the claim, including any defense or coun11 terclaim. 

12 ‘‘(9) A minor or an incompetent individual may 

13 only be served by a procedure under applicable State 

14 law for serving a summons or other process on such 

15 an individual in an action brought in the courts of 

16 general jurisdiction of the State in which service is 

17 made. 

18 ‘‘(10) Service or waiver of personal service 

19 under this subsection may only be made within the 

20 United States. 

21 ‘‘(i) OPT-OUT PROCEDURE.—A respondent may opt 

22 out of a proceeding under this section not later than 60 

23 days after the date of service under subsection (h) by 

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1 cordance with regulations issued by the Register of Copy2 rights. If the respondent— 

3 ‘‘(1) does not opt out, the proceeding shall con4 tinue and the respondent shall be bound by the de5 termination under section 1406(a) or subsection (u); 

6 or 

7 ‘‘(2) opts out, the proceeding shall be dismissed 

8 without prejudice. 

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

10 submitted or relied upon in the proceeding shall be served 

11 in accordance with regulations issued by the Register of 

12 Copyrights. 

13 ‘‘(k) SCHEDULING.—The Board shall issue a sched14 ule, which may be amended by the Board for good cause, 

15 for each proceeding under this chapter. 

16 ‘‘(l) NO FORMAL MOTION PRACTICE.—There shall be 

17 no formal motion practice in a Board proceeding. 

18 ‘‘(m) CONFERENCES.—At the request of a party or 

19 at the discretion of a copyright claims officer, one or more 

20 copyright claims officers may hold a conference with the 

21 parties on the record to address matters in a proceeding 

22 including case management and discovery issues, but not 

23 issues of fact or law. 


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1 ‘‘(n) PARTY SUBMISSIONS.—The Board may request 

2 or permit the parties to make submissions regarding rel3 evant questions of fact or law. 

4 ‘‘(o) DISCOVERY.— 

5 ‘‘(1) IN GENERAL.—Discovery shall be limited, 

6 pursuant to regulations issued by the Register of 

7 Copyrights, to the following: 

8 ‘‘(A) Production of relevant information 

9 and documents. 

10 ‘‘(B) Written interrogatories. 

11 ‘‘(C) Written requests for admissions. 

12 ‘‘(2) SPECIAL REQUESTS.—The Board may— 

13 ‘‘(A) request specific information and doc14 uments from parties to the proceeding or oth15 ers; or 

16 ‘‘(B) upon request of a party and for good 

17 cause shown, approve additional limited dis18 covery. 

19 ‘‘(3) ADVERSE INFERENCE.—After providing 

20 notice and an opportunity to respond, and upon 

21 good cause shown, the Board may apply an adverse 

22 inference regarding disputed facts against a party 

23 who has failed to timely provide discovery materials 

24 in response to a proper request for relevant mate25 rials. 


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1 ‘‘(p) EVIDENCE.—The Board may consider the fol2 lowing types of evidence in a proceeding, which may be 

3 admitted without application of formal rules of evidence: 

4 ‘‘(1) NONTESTIMONIAL EVIDENCE.—Documen5 tary and other nontestimonial evidence that is rel6 evant to any claim, counterclaim, or defense in a 

7 proceeding. 

8 ‘‘(2) TESTIMONIAL EVIDENCE.—Testimonial 

9 evidence that is— 

10 ‘‘(A) submitted under penalty of perjury 

11 and in accordance with subsection (q); 

12 ‘‘(B) limited to written statements of the 

13 parties and witnesses; and 

14 ‘‘(C) relevant to any claim, counterclaim, 

15 and defense in a proceeding. 

16 ‘‘(3) SPECIAL EVIDENCE.—In exceptional cases 

17 and for good cause shown, expert witness or other 

18 forms of testimony. 

19 ‘‘(q) HEARINGS.—The Board may conduct a hearing 

20 to receive oral presentations on issues of fact or law from 

21 parties and witnesses to a proceeding in accordance with 

22 the following procedures: 

23 ‘‘(1) Any hearing shall be noted on the record 

24 of the proceeding and may be recorded or tran25 scribed. 


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1 ‘‘(2) A recording or transcript of a hearing 

2 shall be provided to any copyright claims officer who 

3 does not attend a hearing. 

4 ‘‘(r) VOLUNTARY DISMISSAL.— 

5 ‘‘(1) BY CLAIMANT.—Upon written request of a 

6 claimant that is received prior to a respondent’s fil7 ing of a response to a claim, the Board shall dis8 miss, without prejudice, a claim, a respondent, or 

9 the entire proceeding. 

10 ‘‘(2) BY COUNTERCLAIMANT.—Upon written re11 quest of a counterclaimant received prior to a claim12 ant’s filing of a response to a counterclaim, the 

13 Board shall dismiss the counterclaim without preju14 dice. 

15 ‘‘(s) SETTLEMENT.—During the pendency of any 

16 proceeding under this chapter, some or all of the parties 

17 may— 

18 ‘‘(1) jointly request a conference with a copy19 right claims officer for the purpose of facilitating 

20 settlement discussions; or 

21 ‘‘(2) submit to the Board— 

22 ‘‘(A) an agreement providing for settle23 ment and dismissal of one or more of the claims 

24 and counterclaims in the proceeding; or 


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1 ‘‘(B) a request that the Board adopt some 

2 or all of the terms of the parties’ settlement 

3 under subparagraph (A) in a final determina4 tion. 

5 ‘‘(t) FINDINGS; STANDARD OF PROOF.—Subject to 

6 subsection (o)(3), the Board shall make findings based 

7 upon a preponderance of the evidence. 

8 ‘‘(u) FINAL DETERMINATIONS.— 

9 ‘‘(1) NATURE AND CONTENTS.—A final deter10 mination issued by the Board in a proceeding 

11 shall— 

12 ‘‘(A) require the consensus of a majority of 

13 the copyright claims officers presiding over the 

14 proceeding; 

15 ‘‘(B) be in writing and include an expla16 nation of the underlying factual and legal bases 

17 for the determination; 

18 ‘‘(C) pursuant to section 1403(e)(2), set 

19 forth any terms by which a respondent or coun20 terclaim respondent has agreed to cease infring21 ing activity; 

22 ‘‘(D) set forth the terms of any settlement 

23 to the extent requested by the parties under 

24 subsection (s); and 


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1 ‘‘(E) include a clear statement of all dam2 ages and other relief awarded. 

3 ‘‘(2) DISSENT.—A copyright claims officer who 

4 dissents from a decision contained in a determina5 tion may append a statement setting forth the 

6 grounds for such dissent. 

7 ‘‘(3) ONLINE PUBLICATION.—The Board shall 

8 publish all final determinations on a publicly acces9 sible Web site maintained by the Board. 

10 ‘‘(v) DEFAULT BY RESPONDENT.—If a respondent 

11 fails to appear or ceases to participate in a proceeding 

12 under this chapter, such as by failing to meet one or more 

13 deadlines or requirements set forth in the schedule adopt14 ed by the Board under subsection (k), without justifiable 

15 cause, the Board may issue a default determination, in 

16 accordance with regulations issued by the Register of 

17 Copyrights and the following: 

18 ‘‘(1) REVIEW OF CLAIMANT’S EVIDENCE.—The 

19 Board shall review the relevant evidence and other 

20 information in support of the claim and any asserted 

21 damages and, upon review of such evidence and any 

22 other requested submissions from the claimant, issue 

23 a default determination under subsection (u). 

24 ‘‘(2) DEFAULT DETERMINATION.— 


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1 ‘‘(A) PREPARATION AND NOTICE.—If the 

2 Board finds for the claimant under paragraph 

3 (1), the Board shall prepare a default deter4 mination and provide a copy and written notice 

5 thereof to the respondent at each address, in6 cluding each email address, included in the 

7 records of the Board. 

8 ‘‘(B) TIME TO CURE DEFAULT.—The no9 tice under subparagraph (A) shall state that the 

10 respondent may submit evidence and other in11 formation in opposition to the proposed deter12 mination not later than the 30 days after the 

13 date on which the notice is sent. 

14 ‘‘(3) CLAIMANT RESPONDS TO NOTICE OF DE15 FAULT.—If the respondent responds to the notice 

16 under paragraph (2)(A) within the period of time 

17 described under paragraph (2)(B), the Board shall 

18 consider respondent’s submissions and, after allow19 ing the other parties to address such submissions— 

20 ‘‘(A) amend the default determination; or 

21 ‘‘(B) enter a final determination subject to 

22 section 1407(b). 

23 ‘‘(4) CLAIMANT FAILS TO RESPOND TO NOTICE

24 OF DEFAULT.—If the respondent fails to respond to 

25 the notice provided under paragraph (2), the Board 


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1 shall issue the default determination as a final deter2 mination, subject to section 1407(b). 

3 ‘‘(w) FAILURE TO PROCEED BY CLAIMANT OR

4 COUNTERCLAIMANT.— 

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

6 claimant or counterclaimant fails to complete service 

7 on a respondent within the time provided under sub8 section (h), the respondent shall be dismissed from 

9 the proceeding without prejudice. If a claimant fails 

10 to complete service on all respondents within such 

11 time, the proceeding shall be dismissed by the Board 

12 without prejudice. 

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

14 fails to proceed in a proceeding under this chapter, 

15 such as by any failure to meet one or more deadlines 

16 or requirements set forth in the schedule adopted by 

17 the Board pursuant to subsection (k), without jus18 tifiable cause, the Board shall issue a final deter19 mination under subsection (u) dismissing any rel20 evant claim or counterclaim (and awarding of attor21 neys’ fees and costs if appropriate under subsection 

22 (z)) and provide a copy and written notice thereof to 

23 the claimant or counterclaimant at each address, in24 cluding each email address, included in the records 

25 of the Board. 


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1 ‘‘(x) RECONSIDERATION.— 

2 ‘‘(1) REQUEST FOR RECONSIDERATION.—A 

3 party may, not later than 14 days after the date on 

4 which the Board issues a final determination, submit 

5 a written request for reconsideration of, or amend6 ment to, the determination on the basis of an alleged 

7 error. The request shall identify the alleged error of 

8 procedure, law, or fact material to the outcome. 

9 ‘‘(2) DETERMINATION.—After providing the 

10 other parties an opportunity to address a request 

11 under paragraph (1), the Board shall respond by ei12 ther denying the request or issuing an amended final 

13 determination. 

14 ‘‘(y) REVIEW BY REGISTER OF COPYRIGHTS.— 

15 ‘‘(1) REQUEST FOR REVIEW.—A party who has 

16 been denied reconsideration of a final determination 

17 by the Board may request review of the denial by 

18 the Register of Copyrights not later than 14 days 

19 after the date of the denial in accordance with regu20 lations issued by the Register of Copyrights, which 

21 shall provide for a reasonable filing fee. 

22 ‘‘(2) STANDARD OF REVIEW.—A review under 

23 paragraph (1) shall be limited to consideration of 

24 whether the Board abused its discretion in denying 

25 reconsideration. 


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1 ‘‘(3) DECISION.—After providing the other par2 ties with an opportunity to address the request 

3 under paragraph (1), the Register shall respond by 

4 denying the request or remanding the proceeding to 

5 the Board for reconsideration of issues identified in 

6 the remand and the issuance of an amended final 

7 determination. The amended final determination 

8 shall not be subject to further consideration or re9 view other than pursuant to section 1407. 

10 ‘‘(z) CONDUCT OF PARTIES AND ATTORNEYS.— 

11 ‘‘(1) CERTIFICATION.—Each participant in a 

12 proceeding under this chapter shall certify the accu13 racy and truthfulness of any statement made before 

14 the Board under regulations issued by the Register 

15 of Copyrights. 

16 ‘‘(2) BAD FAITH.—In any final determination 

17 issued under subsection (u), the Board may award, 

18 to each adversely affected party, reasonable costs 

19 and attorneys’ fees not to exceed a total of $5,000 

20 ($2,500 in the case of a party that proceeds pro se) 

21 if— 

22 ‘‘(A) the Board finds that a party to the 

23 proceeding pursued a claim, counterclaim, or 

24 defense for an improper purpose or without rea25 sonable basis in law or fact; or 


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1 ‘‘(B) a claim or counterclaim in the pro2 ceeding is dismissed for failure to prosecute 

3 under subsection (w)(2). 

4 ‘‘(aa) SPECIAL RULE FOR CLAIMS OF $5,000 OR

5 LESS.—Notwithstanding anything to the contrary in this 

6 chapter, the Register of Copyrights may issue regulations 

7 to provide for the disposition of any claim in which the 

8 total damages is $5,000 or less (exclusive of attorneys’ 

9 fees and costs)— 

10 ‘‘(1) that provide for one copyright claims offi11 cer to consider and issue a determination with re12 gard to the claim; and 

13 ‘‘(2) for which a copyright claims attorney shall 

14 review the claim and determine whether the case 

15 shall be heard by one officer or the Board. 

16 ‘‘§ 1406. Effect of proceeding 

17 ‘‘(a) ESTOPPEL.—Subject to subsections (x) and (y) 

18 of section 1405 and section 1407(b), a party to a pro19 ceeding under this chapter in which the Board has issued 

20 a final determination may not assert, in any proceeding, 

21 before any court or tribunal, any claim or counterclaim 

22 asserted and resolved by the final determination. The final 

23 determination may be cited or relied upon in a future pro24 ceeding except that— 


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1 ‘‘(1) a final determination of the Board may 

2 not preclude litigation or relitigation between the 

3 same or different parties before any court or tri4 bunal of the same or similar issues of fact or law in 

5 connection with a different claim or counterclaim not 

6 asserted and finally determined by the determination 

7 of the Board; 

8 ‘‘(2) a determination of ownership of a copy9 righted work for purposes of resolving a proceeding 

10 before the Board may not be relied upon, and shall 

11 have no preclusive effect, in any action or proceeding 

12 before a court or tribunal, including the Board; and 

13 ‘‘(3) a final determination may not be cited or 

14 relied upon as legal precedent in any other action or 

15 proceeding before any court or tribunal, including 

16 the Board, other than as permitted under this sub17 section and section 1407. 

18 ‘‘(b) OTHER MATERIALS IN PROCEEDING.—Except 

19 as permitted under this section and section 1407, a sub20 mission or statement of a party or witness made in connec21 tion with a proceeding before the Board, including a pro22 ceeding that is dismissed, shall not be cited or relied upon 

23 in, or serve as the basis of, any action or proceeding under 

24 this title before any court or tribunal, including the Board. 


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1 ‘‘(c) SECTION 512(g).—Notwithstanding any other 

2 provision of law, the commencement of a proceeding by 

3 a claimant that is brought before the Board against a sub4 scriber of a service provider in which the claimant seeks 

5 a declaration of infringement concerning material that has 

6 been removed or to which access has been disabled by the 

7 service provider in response to a notification of claimed 

8 infringement by the claimant pursuant to section 

9 512(c)(1)(C) shall be a basis to preclude the replacement 

10 of such material by the service provider pursuant to sec11 tion 512(g) if notice of the commencement of the Board 

12 proceeding is provided by the claimant to the service pro13 vider’s designated agent not less than 10 and not more 

14 than 14 business days following receipt of a counter15 notification by the service provider pursuant to section 

16 512(g). 

17 ‘‘(d) STAY OF DISTRICT COURT PROCEEDINGS.—A 

18 district court shall order a stay of proceedings or such 

19 other relief as the court determines to be appropriate with 

20 respect to any claim brought before the court that is the 

21 subject of a pending proceeding before the Board. 

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

23 failure or inability to assert a counterclaim in a proceeding 

24 before the Board shall not preclude the assertion of the 


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1 counterclaim in a subsequent court action or proceeding 

2 before the Board. 

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

4 has timely opted out of a proceeding under section 1405(i) 

5 or is dismissed from a proceeding before the Board issues 

6 a final determination in the proceeding, the final deter7 mination shall not be binding upon and shall have no pre8 clusive effect with respect to that party. 

9 ‘‘§ 1407. Confirmation or review by district court 

10 ‘‘(a) CONFIRMATION BY DISTRICT COURT.— 

11 ‘‘(1) IN GENERAL.—In any proceeding in which 

12 a party fails to pay damages or otherwise comply 

13 with the relief awarded in a final determination of 

14 the Board, the aggrieved party may petition the 

15 United States District Court for the District of Co16 lumbia, or any other Federal district court of com17 petent jurisdiction, for an order confirming the relief 

18 awarded not later than 1 year after the latest of— 

19 ‘‘(A) the date on which the Board issued 

20 the final determination under section 1405(u); 

21 ‘‘(B) the date on which the Board denies 

22 reconsideration under section 1405(x); 

23 ‘‘(C) the date on which the Register of 

24 Copyrights denies review under section 1405(y); 

25 or 


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1 ‘‘(D) the date on which the Board issues 

2 an amended final determination under sub3 section (x) or subsection (y) of section 1405. 

4 ‘‘(2) RELIEF.—The Court shall grant an order 

5 under subsection (a) and direct entry of judgment 

6 unless the determination is vacated, modified, or cor7 rected as permitted under subsection (b). The judg8 ment shall be docketed as if issued in an action in 

9 the United States District Court for the District of 

10 Columbia, or any other Federal court of competent 

11 jurisdiction, and shall be subject to all the provisions 

12 of law relating to, and of the same force and effect 

13 as if the judgment had been rendered in, an action 

14 in the jurisdiction. 

15 ‘‘(3) FILING PROCEDURES.— 

16 ‘‘(A) NOTICE OF FILING.—Notice of the 

17 petition for confirmation of a determination of 

18 the Board and entry of judgment shall be pro19 vided to each party to the proceeding before the 

20 Board, in accordance with the procedures appli21 cable to service of a motion in the United 

22 States District Court. If a party to be served is 

23 a nonresident, then notice of the petition shall 

24 be served by the marshal of any district within 


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1 which such party may be found in the same 

2 manner as other process of the court. 

3 ‘‘(B) CONTENT OF FILING.—The petition 

4 shall include a certified and dated copy of the 

5 determination of the Board and a declaration 

6 by the petitioner, under penalty of perjury, that 

7 it is a true and correct copy of such determina8 tion and the date it was issued. 

9 ‘‘(b) CHALLENGES TO A DETERMINATION.— 

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

11 90 days after the date of issuance of a final deter12 mination by the Board, a party to the relevant pro13 ceeding may petition the United States Court for the 

14 District of Columbia for an order vacating, modi15 fying, or correcting the final determination on the 

16 grounds that— 

17 ‘‘(A) the final determination was issued as 

18 a result of fraud, corruption, or as a result of 

19 misconduct or undue means; 

20 ‘‘(B) the Board exceeded the authority of 

21 the Board; 

22 ‘‘(C) the Board so imperfectly executed the 

23 duties of the Board that the final determination 

24 was neither final nor definite regarding the 

25 matter of controversy; or 


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1 ‘‘(D) the Board issued a default deter2 mination or determination based on failure to 

3 prosecute and the default or failure was due to 

4 excusable neglect. 

5 ‘‘(2) PROCEDURE TO CHALLENGE.— 

6 ‘‘(A) NOTICE OF FILING.—Notice of the 

7 petition to challenge a determination of the 

8 Board shall be provided to each party to the 

9 proceeding before the Board, in accordance with 

10 the procedures applicable to service of a motion 

11 in the United States District Court for the Dis12 trict of Columbia. If a party to be served is a 

13 nonresident, then notice of the application shall 

14 be served by the marshal of any district within 

15 which such party may be found in the same 

16 manner as other process of the court. 

17 ‘‘(B) CONTENT OF FILING.—The petition 

18 shall include a certified and dated copy of the 

19 determination of the Board and a declaration 

20 by the petitioner, under penalty of perjury, that 

21 it is a true and correct copy of such determina22 tion and the date it was issued, and the basis 

23 for challenge under paragraph (1). For the pur24 poses of the application, any judge who has the 

25 authority to order a stay of the proceedings in 


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1 an action brought in the same court may make 

2 an order, to be served with the notice of appli3 cation, staying proceedings to enforce the 

4 award. 

5 ‘‘§ 1408. Referral of Cases by District Courts 

6 ‘‘(a) COSTS AND ATTORNEYS’ FEES.—In any case 

7 before a United States district court in which the court 

8 is considering whether to award costs or attorneys’ fees 

9 to a prevailing party under section 505, the district court 

10 may consider, among other relevant factors, whether the 

11 nonprevailing party had the option and could have chosen 

12 to proceed before the Board instead of the district court. 

13 ‘‘(b) ALTERNATIVE DISPUTE RESOLUTION PROC14 ESS.—The Board shall qualify as an alternative dispute 

15 resolution process under section 651 of title 28 for pur16 poses of referral of eligible cases upon consent of the par17 ties by United States district courts. 

18 ‘‘§ 1409. Definitions 

19 ‘‘In this chapter: 

20 ‘‘(1) PARTY.—The term ‘party’ refers to both a 

21 party and the party’s attorney, as applicable. 

22 ‘‘(2) PERSON.—The term ‘person’ (including 

23 ‘his’ and ‘her’) refers to both an individual and an 

24 entity that is amenable to legal process under appli25 cable law. 


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1 ‘‘(3) SERVICE PROVIDER.—The term ‘service 

2 provider’ has the meaning given that term in section 

3 512(k). 

4 ‘‘§ 1410. Funding 

5 ‘‘(a) DEPOSIT OF FEES.—Any fee received by the 

6 Copyright Office under this title shall be deposited by the 

7 Register and credited to the appropriations for necessary 

8 expenses of the Office in accordance with subsection (d) 

9 of section 708. 

10 ‘‘(b) FUNDING.—There are authorized to be appro11 priated such sums as may be necessary to pay the costs 

12 incurred by the Copyright Office that are not covered by 

13 fees collected for services rendered under this chapter, in14 cluding the costs of establishing and maintaining the 

15 Board and the facilities of the Board.’’. 

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

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

18 after the item relating to chapter 13 the following new 

19 item: 

‘‘14. Copyright Claims Board .................................................................. 1401’’. 

20 (c) IMPLEMENTATION BY COPYRIGHT OFFICE.— 

21 (1) REGULATIONS.—Not later than 90 days 

22 after the date of the enactment of this Act, the Reg23 ister of Copyrights shall issue regulations necessary 

24 to carry out chapter 14 of title 17, United States 

25 Code, as added by subsection (a). 


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1 (2) NECESSARY FACILITIES.—The Register of 

2 Copyrights may enter into a contract with an appro3 priate entity to establish Internet-based teleconfer4 encing or other facilities necessary to carry out the 

5 amendment made by subsection (a). 

6 (3) REPORT.—Not later than 3 years after the 

7 date on which the Copyright Claims Board, issues 

8 the first determination under section 1405(u) of title 

9 17 United States Code, as added by subsection (a), 

10 the Register of Copyrights shall submit to Congress 

11 a report on the following: 

12 (A) The use and efficacy of the Copyright 

13 Claims Board in resolving copyright claims. 

14 (B) Whether adjustments to the authority 

15 of the Copyright Claims Board, including eligi16 ble claims, works, and applicable damages limi17 tations, are necessary or advisable. 

18 (C) Whether greater allowance should be 

19 made to permit awards of attorneys’ fees and 

20 costs to prevailing parties, including potential 

21 limitations on such awards, in proceedings 

22 under this chapter. 

23 (D) Potential mechanisms to assist copy24 right owners with small claims in ascertaining 


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1 the identity and location of unknown online in2 fringers. 

3 (E) Whether the Copyright Claims Board 

4 should be expanded to offer mediation or other 

5 nonbinding alternative dispute resolution serv6 ices to interested parties. 

7 (F) Such other matters as the Register of 

8 Copyrights determines are pertinent to the 

9 Copyright Claims Board. 

Æ 


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