IB 

Union Calendar No. 201 

116TH CONGRESS 

1ST SESSION H. R. 2426 

[Report No. 116–252] 

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

resolution program for copyright small claims, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2019 

Mr. JEFFRIES (for himself, Mr. COLLINS of Georgia, Mr. NADLER, Mrs. 

ROBY, Mr. JOHNSON of Georgia, Mr. CLINE, Ms. JUDY CHU of California, Mr. TED LIEU of California, and Mr. FITZPATRICK) introduced 

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

OCTOBER 22, 2019 

Additional sponsors: Mr. BUDD, Mr. THOMPSON of Mississippi, Mr. COHEN, 

Mr. MARCHANT, Mrs. DEMINGS, Mrs. MCBATH, Mr. SCHIFF, Mr. 

CHABOT, Mr. FERGUSON, Mr. DESJARLAIS, Mr. ROUDA, Mr. STANTON, 

Mr. BACON, Mr. CICILLINE, Mr. SOTO, Ms. SCANLON, Mr. RATCLIFFE, 

Mr. DEUTCH, Mr. CASE, Mr. JOHNSON of Louisiana, Mr. SENSENBRENNER, Mr. WALKER, Ms. MUCARSEL-POWELL, Mr. 

RESCHENTHALER, Mr. CORREA, Mrs. LESKO, Ms. DEAN, Mr. RICHMOND, Ms. JACKSON LEE, Mr. COX of California, Mr. GONZALEZ of 

Texas, Mr. HARDER of California, Mr. CA ́RDENAS, Mr. YOHO, Ms. 

BONAMICI, Mr. DEFAZIO, Mr. SEAN PATRICK MALONEY of New York, 

Mr. BIGGS, Mrs. LEE of Nevada, Mr. WITTMAN, Mr. STEUBE, Mr. 

MEADOWS, Ms. VELA ́ZQUEZ, Ms. HAALAND, Mr. ROSE of New York, Mr. 

WATKINS, Mr. RASKIN, Mr. MCCLINTOCK, Mr. SUOZZI, Ms. SA ́NCHEZ, 

Mr. CURTIS, Mr. RODNEY DAVIS of Illinois, Mr. DELGADO, Mr. BROWN

of Maryland, Mr. TAYLOR, Ms. MENG, Mr. CUELLAR, Ms. ESCOBAR, Mr. 

BURCHETT, Mr. TRONE, Ms. WILD, Ms. CLARK of Massachusetts, Mr. 

KRISHNAMOORTHI, Ms. BASS, Ms. GABBARD, Mr. RUTHERFORD, Mr. 

FOSTER, Mr. BROOKS of Alabama, Mrs. LAWRENCE, Mr. DAVID SCOTT

of Georgia, Ms. FUDGE, Ms. CLARKE of New York, Mr. EVANS, Mr. 

COSTA, Mrs. FLETCHER, Mr. PAYNE, Ms. GARCIA of Texas, Mr. LUJA ́N, 

Mr. VAN DREW, Ms. JAYAPAL, Ms. KUSTER of New Hampshire, Mr. 

GOTTHEIMER, Mr. NEGUSE, Mrs. MURPHY of Florida, Mr. ESPAILLAT, 


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Mrs. HAYES, Mr. LOUDERMILK, Mr. GOMEZ, Mr. BABIN, Mr. GOODEN, 

Ms. CRAIG, Ms. HILL of California, Ms. LEE of California, Mrs. WATSON

COLEMAN, Ms. PRESSLEY, Ms. JOHNSON of Texas, Mr. BISHOP of Georgia, Mr. CLAY, Mr. HICE of Georgia, Mr. HUFFMAN, Mr. VEASEY, Mr. 

KING of New York, Ms. SCHAKOWSKY, Mr. FLORES, Mr. RIGGLEMAN, 

Mr. COOPER, Mr. LAMB, Mr. LOWENTHAL, Mrs. NAPOLITANO, Mr. 

SHERMAN, Ms. WATERS, Mr. GREEN of Tennessee, Mr. STIVERS, Ms. 

STEFANIK, Mr. ZELDIN, Mr. CASTRO of Texas, Mr. DOGGETT, Mr. 

DESAULNIER, Mrs. WAGNER, Mr. ADERHOLT, Mr. COLE, Ms. 

FINKENAUER, Mr. CUNNINGHAM, Mr. VISCLOSKY, Ms. SPANBERGER, Mr. 

ALLRED, Miss RICE of New York, Ms. KENDRA S. HORN of Oklahoma, 

Mr. MEEKS, Mrs. BUSTOS, Mr. MALINOWSKI, Mr. POCAN, Ms. SPEIER, 

Mrs. AXNE, Mr. SCHNEIDER, Ms. BARRAGA ́N, Mr. CISNEROS, Mr. 

BRENDAN F. BOYLE of Pennsylvania, Mr. KEVIN HERN of Oklahoma, 

Mr. CARBAJAL, Mr. SMITH of Washington, Ms. BLUNT ROCHESTER, Mr. 

ESTES, and Mr. CROW

OCTOBER 22, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 1, 2019] 

A BILL 

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

alternative dispute resolution program for copyright 

small claims, and for other purposes. 


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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 ‘‘Copyright Alternative 

5 in Small-Claims Enforcement Act of 2019’’ or the ‘‘CASE 

6 Act of 2019’’. 

7 SEC. 2. COPYRIGHT SMALL CLAIMS. 

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

9 amended by adding at the end the following: 

10 ‘‘CHAPTER 15—COPYRIGHT SMALL CLAIMS 

‘‘Sec. 

‘‘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. 

11 ‘‘§ 1501. Definitions 

12 ‘‘In this chapter— 

13 ‘‘(1) the term ‘party’— 

14 ‘‘(A) means a party; and 

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

16 applicable; 

17 ‘‘(2) the term ‘claimant’ means the real party in 

18 interest that commences a proceeding before the Copy19 right Claims Board under section 1506(e), pursuant 


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1 to a permissible claim of infringement brought under 

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

3 section 1504(c)(2), or misrepresentation brought 

4 under section 1504(c)(3); 

5 ‘‘(3) the term ‘counterclaimant’ means a re6 spondent in a proceeding before the Copyright Claims 

7 Board that— 

8 ‘‘(A) asserts a permissible counterclaim 

9 under section 1504(c)(4) against the claimant in 

10 the proceeding; and 

11 ‘‘(B) is the real party in interest with re12 spect to the counterclaim described in subpara13 graph (A); and 

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

15 against whom a proceeding is brought before the 

16 Copyright Claims Board under section 1506(e), pur17 suant to a permissible claim of infringement brought 

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

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

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

21 ‘‘§ 1502. Copyright Claims Board 

22 ‘‘(a) IN GENERAL.—There is established in the Copy23 right Office the Copyright Claims Board, which shall serve 

24 as an alternative forum in which parties may voluntarily 


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1 seek to resolve certain copyright claims regarding any cat2 egory of copyrighted work, as provided in this chapter. 

3 ‘‘(b) OFFICERS AND STAFF.— 

4 ‘‘(1) COPYRIGHT CLAIMS OFFICERS.—The Reg5 ister of Copyrights shall recommend 3 full-time Copy6 right Claims Officers to serve on the Copyright 

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

8 The Officers shall be appointed by the Librarian of 

9 Congress to such positions after consultation with the 

10 Register of Copyrights. 

11 ‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.—The Reg12 ister of Copyrights shall hire not fewer than 2 full13 time Copyright Claims Attorneys to assist in the ad14 ministration of the Copyright Claims Board. 

15 ‘‘(3) QUALIFICATIONS.— 

16 ‘‘(A) COPYRIGHT CLAIMS OFFICERS.— 

17 ‘‘(i) IN GENERAL.—Each Copyright 

18 Claims Officer shall be an attorney who has 

19 not fewer than 7 years of legal experience. 

20 ‘‘(ii) EXPERIENCE.—Two of the Copy21 right Claims Officers shall have— 

22 ‘‘(I) substantial experience in the 

23 evaluation, litigation, or adjudication 

24 of copyright infringement claims; and 


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1 ‘‘(II) between those 2 Officers, 

2 have represented or presided over a di3 versity of copyright interests, including 

4 those of both owners and users of copy5 righted works. 

6 ‘‘(iii) ALTERNATIVE DISPUTE RESOLU7 TION.—The Copyright Claims Officer not 

8 described in clause (ii) shall have substan9 tial familiarity with copyright law and ex10 perience in the field of alternative dispute 

11 resolution, including the resolution of litiga12 tion matters through that method of resolu13 tion. 

14 ‘‘(B) COPYRIGHT CLAIMS ATTORNEYS.— 

15 Each Copyright Claims Attorney shall be an at16 torney who has not fewer than 3 years of sub17 stantial experience in copyright law. 

18 ‘‘(4) COMPENSATION.— 

19 ‘‘(A) COPYRIGHT CLAIMS OFFICERS.— 

20 ‘‘(i) DEFINITION.—In this subpara21 graph, the term ‘senior level employee of the 

22 Federal Government’ means an employee, 

23 other than an employee in the Senior Exec24 utive Service, the position of whom is classi25 fied above GS–15 of the General Schedule. 


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1 ‘‘(ii) PAY RANGE.—Each Copyright 

2 Claims Officer shall be compensated at a 

3 rate of pay that is not less than the min4 imum, and not more than the maximum, 

5 rate of pay payable for senior level employ6 ees of the Federal Government, including lo7 cality pay, as applicable. 

8 ‘‘(B) COPYRIGHT CLAIMS ATTORNEYS.— 

9 Each Copyright Claims Attorney shall be com10 pensated at a rate of pay that is not more than 

11 the maximum rate of pay payable for level 10 of 

12 GS–15 of the General Schedule, including local13 ity pay, as applicable. 

14 ‘‘(5) TERMS.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), a Copyright Claims Officer shall 

17 serve for a renewable term of 6 years. 

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

19 first Copyright Claims Officers appointed under 

20 this chapter shall be as follows: 

21 ‘‘(i) The first such Copyright Claims 

22 Officer appointed shall be appointed for a 

23 term of 4 years. 


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1 ‘‘(ii) The second Copyright Claims Of2 ficer appointed shall be appointed for a 

3 term of 5 years. 

4 ‘‘(iii) The third Copyright Claims Offi5 cer appointed shall be appointed for a term 

6 of 6 years. 

7 ‘‘(6) VACANCIES AND INCAPACITY.— 

8 ‘‘(A) VACANCY.— 

9 ‘‘(i) IN GENERAL.—If a vacancy occurs 

10 in the position of a Copyright Claims Offi11 cer, the Librarian of Congress shall, upon 

12 the recommendation of and in consultation 

13 with the Register of Copyrights, act expedi14 tiously to appoint a Copyright Claims Offi15 cer for that position. 

16 ‘‘(ii) VACANCY BEFORE EXPIRATION.— 

17 An individual appointed to fill a vacancy 

18 occurring before the expiration of the term 

19 for which the predecessor of the individual 

20 was appointed shall be appointed to serve a 

21 6-year term. 

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

23 Officer is temporarily unable to perform the du24 ties of the Officer, the Librarian of Congress 

25 shall, upon recommendation of and in consultaVerDate Sep 11 2014 01:33 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2426.RH H2426

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1 tion with the Register of Copyrights, act expedi2 tiously to appoint an interim Copyright Claims 

3 Officer to perform such duties during the period 

4 of such incapacity. 

5 ‘‘(7) SANCTION OR REMOVAL.—Subject to section 

6 1503(b), the Librarian of Congress may sanction or 

7 remove a Copyright Claims Officer. 

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

9 of Copyrights shall provide the Copyright Claims Of10 ficers and Copyright Claims Attorneys with necessary 

11 administrative support, including technological facili12 ties, to carry out the duties of the Officers and Attor13 neys under this chapter. 

14 ‘‘(9) LOCATION OF COPYRIGHT CLAIMS BOARD.— 

15 The offices and facilities of the Copyright Claims Of16 ficers and Copyright Claims Attorneys shall be lo17 cated at the Copyright Office. 

18 ‘‘§ 1503. Authority and duties of the Copyright Claims 

19 Board 

20 ‘‘(a) FUNCTIONS.— 

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

22 the provisions of this chapter and applicable regula23 tions, the functions of the Copyright Claims Officers 

24 shall be as follows: 


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

2 copyright claims, counterclaims, and defenses 

3 that may be brought before the Officers under 

4 this chapter. 

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

6 and defenses are properly asserted and otherwise 

7 appropriate for resolution by the Copyright 

8 Claims Board. 

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

10 Officers and render rulings pertaining to the 

11 consideration of claims, counterclaims, and de12 fenses, including with respect to scheduling, dis13 covery, evidentiary, and other matters. 

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

15 nonparticipants in a proceeding, the production 

16 of information and documents relevant to the 

17 resolution of a claim, counterclaim, or defense. 

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

19 ‘‘(F) To facilitate the settlement by the par20 ties of claims and counterclaims. 

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

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

23 Officers a requirement that certain activities 

24 under section 1504(e)(2) cease or be mitigated, if 


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1 the party to undertake the applicable measure 

2 has so agreed. 

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

4 concerning the procedures and requirements of 

5 the Copyright Claims Board. 

6 ‘‘(I) To maintain records of the proceedings 

7 before the Officers, certify official records of such 

8 proceedings as needed, and, as provided in sec9 tion 1506(t), make the records in such pro10 ceedings available to the public. 

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

12 set forth in this chapter. 

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

14 duties of the Officers set forth in this chapter, to 

15 perform such other duties as may be assigned by 

16 the Register of Copyrights. 

17 ‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.—Subject to 

18 the provisions of this chapter and applicable regula19 tions, the functions of the Copyright Claims Attorneys 

20 shall be as follows: 

21 ‘‘(A) To provide assistance to the Copyright 

22 Claims Officers in the administration of the du23 ties of those Officers under this chapter. 


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

2 the public with respect to the procedures and re3 quirements of the Copyright Claims Board. 

4 ‘‘(C) To provide information to potential 

5 claimants contemplating bringing a permissible 

6 action before the Copyright Claims Board about 

7 obtaining a subpoena under section 512(h) for 

8 the sole purpose of identifying a potential re9 spondent in such an action. 

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

11 duties of the Attorneys set forth in this chapter, 

12 to perform such other duties as may be assigned 

13 by the Register of Copyrights. 

14 ‘‘(b) INDEPENDENCE IN DETERMINATIONS.— 

15 ‘‘(1) IN GENERAL.—The Copyright Claims Board 

16 shall render the determinations of the Board in indi17 vidual proceedings independently on the basis of the 

18 records in the proceedings before it and in accordance 

19 with the provisions of this title, judicial precedent, 

20 and applicable regulations of the Register of Copy21 rights. 

22 ‘‘(2) CONSULTATION.—The Copyright Claims Of23 ficers and Copyright Claims Attorneys— 

24 ‘‘(A) may consult with the Register of Copy25 rights on general issues of law; and 


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

2 consult with the Register of Copyrights with re3 spect to— 

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

5 pending before the Officers and the Attor6 neys; or 

7 ‘‘(ii) the application of law to the facts 

8 described in clause (i). 

9 ‘‘(3) PERFORMANCE APPRAISALS.—Notwith10 standing any other provision of law or any regulation 

11 or policy of the Library of Congress or Register of 

12 Copyrights, any performance appraisal of a Copy13 right Claims Officer or Copyright Claims Attorney 

14 may not consider the substantive result of any indi15 vidual determination reached by the Copyright 

16 Claims Board as a basis for appraisal except to the 

17 extent that result may relate to any actual or alleged 

18 violation of an ethical standard of conduct. 

19 ‘‘(c) DIRECTION BY REGISTER.—Subject to subsection 

20 (b), the Copyright Claims Officers and Copyright Claims 

21 Attorneys shall, in the administration of their duties, be 

22 under the general direction of the Register of Copyrights. 

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

24 Claims Officer or Copyright Claims Attorney may not un25 dertake any duty that conflicts with the duties of the Officer 


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1 or Attorney in connection with the Copyright Claims 

2 Board. 

3 ‘‘(e) RECUSAL.—A Copyright Claims Officer or Copy4 right Claims Attorney shall recuse himself or herself from 

5 participation in any proceeding with respect to which the 

6 Copyright Claims Officer or Copyright Claims Attorney, as 

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

8 a conflict of interest. 

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

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

11 proceeding before the Copyright Claims Board shall refrain 

12 from ex parte communications with the Copyright Claims 

13 Officers and the Register of Copyrights concerning the sub14 stance of any active or pending proceeding before the Copy15 right Claims Board. 

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

17 Claims Officers and Register of Copyrights under this chap18 ter in connection with the rendering of any determination 

19 are subject to judicial review as provided under section 

20 1508(c) and not under chapter 7 of title 5. 

21 ‘‘§ 1504. Nature of proceedings 

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

23 Copyright Claims Board proceeding shall be on a voluntary 

24 basis in accordance with this chapter and the right of any 

25 party to instead pursue a claim, counterclaim, or defense 


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1 in a district court of the United States or any other court, 

2 and to seek a jury trial, shall be preserved. The rights, rem3 edies, and limitations under this section may not be waived 

4 except in accordance with this chapter. 

5 ‘‘(b) STATUTE OF LIMITATIONS.— 

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

7 maintained before the Copyright Claims Board unless 

8 the proceeding is commenced, in accordance with sec9 tion 1506(e), before the Copyright Claims Board with10 in 3 years after the claim accrued. 

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

12 proceeding commenced before the Copyright Claims 

13 Board shall toll the time permitted under section 

14 507(b) for the commencement of an action on the 

15 same claim in a district court of the United States 

16 during the period in which the proceeding is pending. 

17 ‘‘(c) PERMISSIBLE CLAIMS, COUNTERCLAIMS, AND DE18 FENSES.—The Copyright Claims Board may render deter19 minations with respect to the following claims, counter20 claims, and defenses, subject to such further limitations and 

21 requirements, including with respect to particular classes 

22 of works, as may be set forth in regulations established by 

23 the Register of Copyrights: 

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

25 right in a copyrighted work provided under section 


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1 106 by the legal or beneficial owner of the exclusive 

2 right at the time of the infringement for which the 

3 claimant seeks damages, if any, within the limita4 tions set forth in subsection (e)(1). 

5 ‘‘(2) A claim for a declaration of noninfringe6 ment of an exclusive right in a copyrighted work pro7 vided under section 106, consistent with section 2201 

8 of title 28. 

9 ‘‘(3) A claim under section 512(f) for misrepre10 sentation in connection with a notification of claimed 

11 infringement or a counter notification seeking to re12 place removed or disabled material, except that any 

13 remedies relating to such a claim in a proceeding be14 fore the Copyright Claims Board shall be limited to 

15 those available under this chapter. 

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

17 against the claimant in a proceeding— 

18 ‘‘(A) pursuant to which the counterclaimant 

19 seeks damages, if any, within the limitations set 

20 forth in subsection (e)(1); and 

21 ‘‘(B) that— 

22 ‘‘(i) arises under section 106 or section 

23 512(f) and out of the same transaction or 

24 occurrence that is the subject of a claim of 

25 infringement brought under paragraph (1), 


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1 a claim of noninfringement brought under 

2 paragraph (2), or a claim of misrepresenta3 tion brought under paragraph (3); or 

4 ‘‘(ii) arises under an agreement per5 taining to the same transaction or occur6 rence that is the subject of a claim of in7 fringement brought under paragraph (1), if 

8 the agreement could affect the relief awarded 

9 to the claimant. 

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

11 or otherwise available under law, in response to a 

12 claim or counterclaim asserted under this subsection. 

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

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

15 claimants against one or more respondents, but only 

16 if all claims asserted in any one proceeding arise out 

17 of the same allegedly infringing activity or contin18 uous course of infringing activities and do not, in the 

19 aggregate, result in the recovery of such claim or 

20 claims for damages that exceed the limitations under 

21 subsection (e)(1). 

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

23 counterclaims are not subject to determination by the Copy24 right Claims Board: 


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1 ‘‘(1) A claim or counterclaim that is not a per2 missible claim or counterclaim under subsection (c). 

3 ‘‘(2) A claim or counterclaim that has been fi4 nally adjudicated by a court of competent jurisdiction 

5 or that is pending before a court of competent juris6 diction, unless that court has granted a stay to per7 mit that claim or counterclaim to proceed before the 

8 Copyright Claims Board. 

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

10 Federal or State governmental entity. 

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

12 person or entity residing outside of the United States, 

13 except in a case in which the person or entity initi14 ated the proceeding before the Copyright Claims 

15 Board and is subject to counterclaims under this 

16 chapter. 

17 ‘‘(e) PERMISSIBLE REMEDIES.— 

18 ‘‘(1) MONETARY RECOVERY.— 

19 ‘‘(A) ACTUAL DAMAGES, PROFITS, AND

20 STATUTORY DAMAGES FOR INFRINGEMENT.— 

21 With respect to a claim or counterclaim for in22 fringement of copyright, and subject to the limi23 tation on total monetary recovery under sub24 paragraph (D), the Copyright Claims Board 

25 may award either of the following: 


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1 ‘‘(i) Actual damages and profits deter2 mined in accordance with section 504(b), 

3 with that award taking into consideration, 

4 in appropriate cases, whether the infringing 

5 party has agreed to cease or mitigate the in6 fringing activity under paragraph (2). 

7 ‘‘(ii) Statutory damages, which shall 

8 be determined in accordance with section 

9 504(c), subject to the following conditions: 

10 ‘‘(I) With respect to works timely 

11 registered under section 412, so that 

12 the works are eligible for an award of 

13 statutory damages in accordance with 

14 that section, the statutory damages 

15 may not exceed $15,000 for each work 

16 infringed. 

17 ‘‘(II) With respect to works not 

18 timely registered under section 412, 

19 but eligible for an award of statutory 

20 damages under this section, statutory 

21 damages may not exceed $7,500 per 

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

23 in any 1 proceeding. 

24 ‘‘(III) The Copyright Claims 

25 Board may not make any finding that, 


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1 or consider whether, the infringement 

2 was committed willfully in making an 

3 award of statutory damages. 

4 ‘‘(IV) The Copyright Claims 

5 Board may consider, as an additional 

6 factor in awarding statutory damages, 

7 whether the infringer has agreed to 

8 cease or mitigate the infringing activ9 ity under paragraph (2). 

10 ‘‘(B) ELECTION OF DAMAGES.—With respect 

11 to a claim or counterclaim of infringement, at 

12 any time before final determination is rendered, 

13 and notwithstanding the schedule established by 

14 the Copyright Claims Board under section 

15 1506(k), the claimant or counterclaimant shall 

16 elect— 

17 ‘‘(i) to recover actual damages and 

18 profits or statutory damages under subpara19 graph (A); or 

20 ‘‘(ii) not to recover damages. 

21 ‘‘(C) DAMAGES FOR OTHER CLAIMS.—Dam22 ages for claims and counterclaims other than in23 fringement claims, such as those brought under 

24 section 512(f), shall be subject to the limitation 

25 under subparagraph (D). 


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1 ‘‘(D) LIMITATION ON TOTAL MONETARY RE2 COVERY.—Notwithstanding any other provision 

3 of law, a party that pursues any one or more 

4 claims or counterclaims in any single proceeding 

5 before the Copyright Claims Board may not seek 

6 or recover in that proceeding a total monetary 

7 recovery that exceeds the sum of $30,000, exclu8 sive of any attorneys’ fees and costs that may be 

9 awarded under section 1506(y)(2). 

10 ‘‘(2) AGREEMENT TO CEASE CERTAIN ACTIV11 ITY.—In a determination of the Copyright Claims 

12 Board, the Board shall include a requirement to cease 

13 conduct if, in the proceeding relating to the deter14 mination— 

15 ‘‘(A) a party agrees— 

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

17 be infringing, including removing or dis18 abling access to, or destroying, infringing 

19 materials; or 

20 ‘‘(ii) to cease sending a takedown no21 tice or counter notice under section 512 to 

22 the other party regarding the conduct at 

23 issue before the Board if that notice or 

24 counter notice was found to be a knowing 


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1 material misrepresentation under section 

2 512(f); and 

3 ‘‘(B) the agreement described in subpara4 graph (A) is reflected in the record for the pro5 ceeding. 

6 ‘‘(3) ATTORNEYS’ FEES AND COSTS.—Notwith7 standing any other provision of law, except in the 

8 case of bad faith conduct as provided in section 

9 1506(y)(2), the parties to proceedings before the Copy10 right Claims Board shall bear their own attorneys’ 

11 fees and costs. 

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

13 proceeding before the Copyright Claims Board may be 

14 found jointly and severally liable if all such parties and 

15 relevant claims or counterclaims arise from the same activ16 ity or activities. 

17 ‘‘(g) PERMISSIBLE NUMBER OF CASES.—The Register 

18 of Copyrights may establish regulations relating to the per19 mitted number of proceedings each year by the same claim20 ant under this chapter, in the interests of justice and the 

21 administration of the Copyright Claims Board. 

22 ‘‘§ 1505. Registration requirement 

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

24 counterclaim alleging infringement of an exclusive right in 


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1 a copyrighted work may not be asserted before the Copyright 

2 Claims Board unless— 

3 ‘‘(1) the legal or beneficial owner of the copyright 

4 has first delivered a completed application, a deposit, 

5 and the required fee for registration of the copyright 

6 to the Copyright Office; and 

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

8 issued or has not been refused. 

9 ‘‘(b) CERTIFICATE OF REGISTRATION.—Notwith10 standing any other provision of law, a claimant or counter11 claimant in a proceeding before the Copyright Claims 

12 Board shall be eligible to recover actual damages and profits 

13 or statutory damages under this chapter for infringement 

14 of a work if the requirements of subsection (a) have been 

15 met, except that— 

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

17 render a determination in the proceeding until— 

18 ‘‘(A) a registration certificate with respect 

19 to the work has been issued by the Copyright Of20 fice, submitted to the Copyright Claims Board, 

21 and made available to the other parties to the 

22 proceeding; and 

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

24 have been provided an opportunity to address the 

25 registration certificate; 


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

2 because a registration certificate for the work is pend3 ing, the proceeding shall be held in abeyance pending 

4 submission of the certificate to the Copyright Claims 

5 Board, except that, if the proceeding is held in abey6 ance for more than 1 year, the Copyright Claims 

7 Board may, upon providing written notice to the par8 ties to the proceeding, and 30 days to the parties to 

9 respond to the notice, dismiss the proceeding without 

10 prejudice; and 

11 ‘‘(3) if the Copyright Claims Board receives no12 tice that registration with respect to the work has 

13 been refused, the proceeding shall be dismissed with14 out prejudice. 

15 ‘‘(c) PRESUMPTION.—In a case in which a registration 

16 certificate shows that registration with respect to a work 

17 was issued not later than 5 years after the date of the first 

18 publication of the work, the presumption under section 

19 410(c) shall apply in a proceeding before the Copyright 

20 Claims Board, in addition to relevant principles of law 

21 under this title. 

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

23 before the Copyright Claims Board proceed in a timely 

24 manner, the Register of Copyrights shall establish regula25 tions allowing the Copyright Office to make a decision, on 


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1 an expedited basis, to issue or deny copyright registration 

2 for an unregistered work that is at issue before the Board. 

3 ‘‘§ 1506. Conduct of proceedings 

4 ‘‘(a) IN GENERAL.— 

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

6 Copyright Claims Board shall be conducted in accord7 ance with this chapter and regulations established by 

8 the Register of Copyrights under this chapter, in ad9 dition to relevant principles of law under this title. 

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

11 that there may be conflicting judicial precedent on an 

12 issue of substantive copyright law that cannot be rec13 onciled, the Copyright Claims Board shall follow the 

14 law of the Federal jurisdiction in which the action 

15 could have been brought if filed in a district court of 

16 the United States, or, if the action could have been 

17 brought in more than 1 such jurisdiction, the jurisdic18 tion that the Copyright Claims Board determines has 

19 the most significant ties to the parties and conduct at 

20 issue. 

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

22 maintain records documenting the proceedings before the 

23 Board. 

24 ‘‘(c) CENTRALIZED PROCESS.—Proceedings before the 

25 Copyright Claims Board shall— 


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1 ‘‘(1) be conducted at the offices of the Copyright 

2 Claims Board without the requirement of in-person 

3 appearances by parties or others; and 

4 ‘‘(2) take place by means of written submissions, 

5 hearings, and conferences carried out through inter6 net-based applications and other telecommunications 

7 facilities, except that, in cases in which physical or 

8 other nontestimonial evidence material to a pro9 ceeding cannot be furnished to the Copyright Claims 

10 Board through available telecommunications facili11 ties, the Copyright Claims Board may make alter12 native arrangements for the submission of such evi13 dence that do not prejudice any other party to the 

14 proceeding. 

15 ‘‘(d) REPRESENTATION.—A party to a proceeding be16 fore the Copyright Claims Board may be, but is not re17 quired to be, represented by— 

18 ‘‘(1) an attorney; or 

19 ‘‘(2) a law student who is qualified under appli20 cable law governing representation by law students of 

21 parties in legal proceedings and who provides such 

22 representation on a pro bono basis. 

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

24 commence a proceeding under this chapter, a claimant 

25 shall, subject to such additional requirements as may be 


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1 prescribed in regulations established by the Register of 

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

3 that— 

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

5 support of the claim; 

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

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

8 amount as may be prescribed in regulations estab9 lished by the Register of Copyrights. 

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

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

12 subsection (e), the claim shall be reviewed by a Copy13 right Claims Attorney to ensure that the claim com14 plies with this chapter and applicable regulations, 

15 subject to the following: 

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

17 claimant shall be notified regarding that compli18 ance and instructed to proceed with service of the 

19 claim under subsection (g). 

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

21 the claimant shall be notified that the claim is 

22 deficient and be permitted to file an amended 

23 claim not later than 30 days after the date on 

24 which the claimant receives the notice, without 

25 the requirement of an additional filing fee. If the 


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1 claimant files a compliant claim within that 30- 

2 day period, the claimant shall be so notified and 

3 be instructed to proceed with service of the claim. 

4 If the claim is refiled within that 30-day period 

5 and still fails to comply, the claimant shall 

6 again be notified that the claim is deficient and 

7 shall be provided a second opportunity to amend 

8 the claim within 30 days after the date of that 

9 second notice, without the requirement of an ad10 ditional filing fee. If the claim is refiled again 

11 within that second 30-day period and is compli12 ant, the claimant shall be so notified and shall 

13 be instructed to proceed with service of the claim, 

14 but if the claim still fails to comply, upon con15 firmation of such noncompliance by a Copyright 

16 Claims Officer, the proceeding shall be dismissed 

17 without prejudice. The Copyright Claims Board 

18 shall also dismiss without prejudice any pro19 ceeding in which a compliant claim is not filed 

20 within the applicable 30-day period. 

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

22 this paragraph, a claim against an online serv23 ice provider for infringement by reason of the 

24 storage of or referral or linking to infringing 

25 material that may be subject to the limitations 


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1 on liability set forth in subsection (b), (c), or (d) 

2 of section 512 shall be considered noncompliant 

3 unless the claimant affirms in the statement re4 quired under subsection (e)(1) of this section that 

5 the claimant has previously notified the service 

6 provider of the claimed infringement in accord7 ance with subsection (b)(2)(E), (c)(3), or (d)(3) 

8 of section 512, as applicable, and the service pro9 vider failed to remove or disable access to the 

10 material expeditiously upon the provision of 

11 such notice. 

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

13 under clause (i), the Copyright Claims Board 

14 shall provide the claimant with information con15 cerning the service of such a notice under the ap16 plicable provision of section 512. 

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

18 service of a counterclaim, the counterclaim shall be 

19 reviewed by a Copyright Claims Attorney to ensure 

20 that the counterclaim complies with the provisions of 

21 this chapter and applicable regulations. If the coun22 terclaim is found not to comply, the counterclaimant 

23 and the other parties to the proceeding shall be noti24 fied that the counterclaim is deficient, and the 

25 counterclaimant shall be permitted to file and serve 


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1 an amended counterclaim within 30 days after the 

2 date of such notice. If the counterclaimant files and 

3 serves a compliant counterclaim within that 30-day 

4 period, the counterclaimant and such other parties 

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

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

7 comply, the counterclaimant and such other parties 

8 shall again be notified that the counterclaim is defi9 cient, and the counterclaimant shall be provided a 

10 second opportunity to amend the counterclaim within 

11 30 days after the date of the second notice. If the 

12 counterclaim is refiled and served again within that 

13 second 30-day period and is compliant, the counter14 claimant and such other parties shall be so notified, 

15 but if the counterclaim still fails to comply, upon con16 firmation of such noncompliance by a Copyright 

17 Claims Officer, the counterclaim, but not the pro18 ceeding, shall be dismissed without prejudice. 

19 ‘‘(3) DISMISSAL FOR UNSUITABILITY.—The 

20 Copyright Claims Board shall dismiss a claim or 

21 counterclaim without prejudice if, upon reviewing the 

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

23 proceeding, the Copyright Claims Board concludes 

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1 mination by the Copyright Claims Board, including 

2 on account of any of the following: 

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

4 ‘‘(B) The lack of an essential witness, evi5 dence, or expert testimony. 

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

7 of law or fact that could exceed either the number 

8 of proceedings the Copyright Claims Board could 

9 reasonably administer or the subject matter com10 petence of the Copyright Claims Board. 

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

12 proceed with a claim against a respondent, a claimant 

13 shall, within 90 days after receiving notification under sub14 section (f) to proceed with service, file with the Copyright 

15 Claims Board proof of service on the respondent. In order 

16 to effectuate service on a respondent, the claimant shall 

17 cause notice of the proceeding and a copy of the claim to 

18 be served on the respondent, either by personal service or 

19 pursuant to a waiver of personal service, as prescribed in 

20 regulations established by the Register of Copyrights. Such 

21 regulations shall include the following requirements: 

22 ‘‘(1) The notice of the proceeding shall adhere to 

23 a prescribed form and shall set forth the nature of the 

24 Copyright Claims Board and proceeding, the right of 

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1 ing out and not opting out, including a prominent 

2 statement that, by not opting out within 60 days 

3 after receiving the notice, the respondent— 

4 ‘‘(A) loses the opportunity to have the dis5 pute decided by a court created under article III 

6 of the Constitution of the United States; and 

7 ‘‘(B) waives the right to a jury trial regard8 ing the dispute. 

9 ‘‘(2) The copy of the claim served on the respond10 ent shall be the same as the claim that was filed with 

11 the Copyright Claims Board. 

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

13 be effected by an individual who is not a party to the 

14 proceeding and is older than 18 years of age. 

15 ‘‘(4) An individual, other than a minor or in16 competent individual, may be served by— 

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

18 a summons in an action brought in courts of 

19 general jurisdiction in the State where service is 

20 made; 

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

22 claim to the individual personally; 

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

24 at the individual’s dwelling or usual place of 


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1 abode with someone of suitable age and discre2 tion who resides there; or 

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

4 claim to an agent designated by the respondent 

5 to receive service of process or, if not so des6 ignated, an agent authorized by appointment or 

7 by law to receive service of process. 

8 ‘‘(5)(A) A corporation, partnership, or unincor9 porated association that is subject to suit in courts of 

10 general jurisdiction under a common name shall be 

11 served by delivering a copy of the notice and claim 

12 to its service agent. If such service agent has not been 

13 designated, service shall be accomplished— 

14 ‘‘(i) by complying with State law for serv15 ing a summons in an action brought in courts 

16 of general jurisdiction in the State where service 

17 is made; or 

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

19 claim to an officer, a managing or general agent, 

20 or any other agent authorized by appointment or 

21 by law to receive service of process in an action 

22 brought in courts of general jurisdiction in the 

23 State where service is made and, if the agent is 

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1 quires, by also mailing a copy of the notice and 

2 claim to the respondent. 

3 ‘‘(B) A corporation, partnership or unincor4 porated association that is subject to suit in courts of 

5 general jurisdiction under a common name may elect 

6 to designate a service agent to receive notice of a 

7 claim against it before the Copyright Claims Board 

8 by complying with requirements that the Register of 

9 Copyrights shall establish by regulation. The Register 

10 of Copyrights shall maintain a current directory of 

11 service agents that is available to the public for in12 spection, including through the internet, and may re13 quire such corporations, partnerships, and unincor14 porated associations designating such service agents 

15 to pay a fee to cover the costs of maintaining the di16 rectory. 

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

18 service, the claimant may notify a respondent, by 

19 first class mail or by other reasonable means, that a 

20 proceeding has been commenced, such notice to be 

21 made in accordance with regulations established by 

22 the Register of Copyrights, subject to the following: 

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

24 shall be addressed to the respondent, and shall be 

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1 ceeding, a copy of the claim as filed with the 

2 Copyright Claims Board, a prescribed form for 

3 waiver of personal service, and a prepaid or 

4 other means of returning the form without cost. 

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

6 which the request is sent, and shall provide the 

7 respondent a period of 30 days, beginning on the 

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

9 waiver form signed by the respondent. The 

10 signed waiver form shall, for purposes of this 

11 subsection, constitute acceptance and proof of 

12 service as of the date on which the waiver is 

13 signed. 

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

15 shall not constitute a waiver of the respondent’s right 

16 to opt out of the proceeding. 

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

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

19 the proceeding shall be permitted a period of 30 days, 

20 in addition to the period otherwise permitted under 

21 the applicable procedures of the Copyright Claims 

22 Board, to submit a substantive response to the claim, 

23 including any defenses and counterclaims. 

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

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1 ing a summons or like process on such an individual 

2 in an action brought in the courts of general jurisdic3 tion of the State where service is made. 

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

5 service may only be effected within the United States. 

6 ‘‘(h) NOTIFICATION BY COPYRIGHT CLAIMS BOARD.— 

7 The Register of Copyrights shall establish regulations pro8 viding for a written notification to be sent by, or on behalf 

9 of, the Copyright Claims Board to notify the respondent of 

10 a pending proceeding against the respondent, as set forth 

11 in those regulations, which shall— 

12 ‘‘(1) include information concerning the respond13 ent’s right to opt out of the proceeding, the con14 sequences of opting out and not opting out, and a 

15 prominent statement that, by not opting out within 

16 60 days after the date of service under subsection (g), 

17 the respondent loses the opportunity to have the dis18 pute decided by a court created under article III of 

19 the Constitution of the United States and waives the 

20 right to a jury trial regarding the dispute; and 

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

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

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

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

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


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1 beginning on the date of service, in which to provide written 

2 notice of such choice to the Copyright Claims Board, in ac3 cordance with regulations established by the Register of 

4 Copyrights. If proof of service has been filed by the claimant 

5 and the respondent does not submit an opt-out notice to 

6 the Copyright Claims Board within that 60-day period, the 

7 proceeding shall be deemed an active proceeding and the 

8 respondent shall be bound by the determination in the pro9 ceeding to the extent provided under section 1507(a). If the 

10 respondent opts out of the proceeding during that 60-day 

11 period, the proceeding shall be dismissed without prejudice, 

12 except that, in exceptional circumstances and upon written 

13 notice to the claimant, the Copyright Claims Board may 

14 extend that 60-day period in the interests of justice. 

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

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

17 notice and claim, shall be served in accordance with regula18 tions established by the Register of Copyrights. 

19 ‘‘(k) SCHEDULING.—Upon confirmation that a pro20 ceeding has become an active proceeding, the Copyright 

21 Claims Board shall issue a schedule for the future conduct 

22 of the proceeding. The schedule shall not specify a time that 

23 a claimant or counterclaimant is required make an election 

24 of damages that is inconsistent with section 1504(e). A 

25 schedule issued by the Copyright Claims Board may be 


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1 amended by the Copyright Claims Board in the interests 

2 of justice. 

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

4 Officers may hold a conference to address case management 

5 or discovery issues in a proceeding, which shall be noted 

6 upon the record of the proceeding and may be recorded or 

7 transcribed. 

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

9 Copyright Claims Board may not include any formal mo10 tion practice, except that, subject to applicable regulations 

11 and procedures of the Copyright Claims Board— 

12 ‘‘(1) the parties to the proceeding may make re13 quests to the Copyright Claims Board to address case 

14 management and discovery matters, and submit re15 sponses thereto; and 

16 ‘‘(2) the Copyright Claims Board may request or 

17 permit parties to make submissions addressing rel18 evant questions of fact or law, or other matters, in19 cluding matters raised sua sponte by the Copyright 

20 Claims Officers, and offer responses thereto. 

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

22 limited to the production of relevant information and docu23 ments, written interrogatories, and written requests for ad24 mission, as provided in regulations established by the Reg25 ister of Copyrights, except that— 


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

2 cause shown, the Copyright Claims Board may ap3 prove additional relevant discovery, on a limited 

4 basis, in particular matters, and may request specific 

5 information and documents from participants in the 

6 proceeding and voluntary submissions from non7 participants, consistent with the interests of justice; 

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

9 cause shown, the Copyright Claims Board may issue 

10 a protective order to limit the disclosure of documents 

11 or testimony that contain confidential information; 

12 and 

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

14 to respond, and upon good cause shown, the Copy15 right Claims Board may apply an adverse inference 

16 with respect to disputed facts against a party who 

17 has failed to timely provide discovery materials in re18 sponse to a proper request for materials that could be 

19 relevant to such facts. 

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

21 consider the following types of evidence in a proceeding, and 

22 such evidence may be admitted without application of for23 mal rules of evidence: 


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1 ‘‘(1) Documentary and other nontestimonial evi2 dence that is relevant to the claims, counterclaims, or 

3 defenses in the proceeding. 

4 ‘‘(2) Testimonial evidence, submitted under pen5 alty of perjury in written form or in accordance with 

6 subsection (p), limited to statements of the parties 

7 and nonexpert witnesses, that is relevant to the 

8 claims, counterclaims, and defenses in a proceeding, 

9 except that, in exceptional cases, expert witness testi10 mony or other types of testimony may be permitted 

11 by the Copyright Claims Board for good cause shown. 

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

13 conduct a hearing to receive oral presentations on issues 

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

15 including oral testimony, subject to the following: 

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

17 fewer than two of the Copyright Claims Officers. 

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

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

20 be recorded or transcribed as deemed necessary by the 

21 Copyright Claims Board. 

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

23 shall be made available to any Copyright Claims Of24 ficer who is not in attendance. 

25 ‘‘(q) VOLUNTARY DISMISSAL.— 


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

2 a claimant that is received before a respondent files 

3 a response to the claim in a proceeding, the Copyright 

4 Claims Board shall dismiss the proceeding, or a claim 

5 or respondent, as requested, without prejudice. 

6 ‘‘(2) BY COUNTERCLAIMANT.—Upon written re7 quest of a counterclaimant that is received before a 

8 claimant files a response to the counterclaim, the 

9 Copyright Claims Board shall dismiss the counter10 claim, such dismissal to be without prejudice. 

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

12 proceeding before the Copyright Claims Board who re13 ceives notice of a pending or putative class action, 

14 arising out of the same transaction or occurrence, in 

15 which that party is a class member may request in 

16 writing dismissal of the proceeding before the Board. 

17 Upon notice to all claimants and counterclaimants, 

18 the Copyright Claims Board shall dismiss the pro19 ceeding without prejudice. 

20 ‘‘(r) SETTLEMENT.— 

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

22 proceeding, some or all of the parties may— 

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

24 Copyright Claims Officer for the purpose of fa25 cilitating settlement discussions; or 


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1 ‘‘(B) submit to the Copyright Claims Board 

2 an agreement providing for settlement and dis3 missal of some or all of the claims and counter4 claims in the proceeding. 

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

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

7 the Copyright Claims Board adopt some or all of the 

8 terms of the parties’ settlement in a final determina9 tion in the proceeding. 

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

11 (n)(3), the Copyright Claims Board shall make factual find12 ings based upon a preponderance of the evidence. 

13 ‘‘(t) DETERMINATIONS.— 

14 ‘‘(1) NATURE AND CONTENTS.—A determination 

15 rendered by the Copyright Claims Board in a pro16 ceeding shall— 

17 ‘‘(A) be reached by a majority of the Copy18 right Claims Board; 

19 ‘‘(B) be in writing, and include an expla20 nation of the factual and legal basis of the deter21 mination; 

22 ‘‘(C) set forth any terms by which a re23 spondent or counterclaim respondent has agreed 

24 to cease infringing activity under section 

25 1504(e)(2); 


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1 ‘‘(D) to the extent requested under sub2 section (r)(2), set forth the terms of any settle3 ment agreed to under subsection (r)(1); and 

4 ‘‘(E) include a clear statement of all dam5 ages and other relief awarded, including under 

6 subparagraphs (C) and (D). 

7 ‘‘(2) DISSENT.—A Copyright Claims Officer who 

8 dissents from a decision contained in a determination 

9 under paragraph (1) may append a statement setting 

10 forth the grounds for that dissent. 

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

12 the Copyright Claims Board shall be made available 

13 on a publicly accessible website. The Register shall es14 tablish regulations with respect to the publication of 

15 other records and information relating to such deter16 minations, including the redaction of records to pro17 tect confidential information that is the subject of a 

18 protective order under subsection (n)(2). 

19 ‘‘(4) FREEDOM OF INFORMATION ACT.—All infor20 mation relating to proceedings of the Copyright 

21 Claims Board under this title is exempt from disclo22 sure to the public under section 552(b)(3) of title 5, 

23 except for determinations, records, and information 

24 published under paragraph (3). 


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

2 been deemed an active proceeding but the respondent has 

3 failed to appear or has ceased participating in the pro4 ceeding, as demonstrated by the respondent’s failure, with5 out justifiable cause, to meet one or more deadlines or re6 quirements set forth in the schedule adopted by the Copy7 right Claims Board under subsection (k), the Copyright 

8 Claims Board may enter a default determination, including 

9 the dismissal of any counterclaim asserted by the respond10 ent, as follows and in accordance with such other require11 ments as the Register of Copyrights may establish by regu12 lation: 

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

14 the claimant to submit relevant evidence and other 

15 information in support of the claimant’s claim and 

16 any asserted damages and, upon review of such evi17 dence and any other requested submissions from the 

18 claimant, shall determine whether the materials so 

19 submitted are sufficient to support a finding in favor 

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

21 appropriate relief and damages, if any, to be award22 ed. 

23 ‘‘(2) If the Copyright Claims Board makes an af24 firmative determination under paragraph (1), the 

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1 fault determination, and shall provide written notice 

2 to the respondent at all addresses, including email ad3 dresses, reflected in the records of the proceeding be4 fore the Copyright Claims Board, of the pendency of 

5 a default determination by the Copyright Claims 

6 Board and of the legal significance of such determina7 tion. Such notice shall be accompanied by the pro8 posed default determination and shall provide that 

9 the respondent has a period of 30 days, beginning on 

10 the date of the notice, to submit any evidence or other 

11 information in opposition to the proposed default de12 termination. 

13 ‘‘(3) If the respondent responds to the notice pro14 vided under paragraph (2) within the 30-day period 

15 provided in such paragraph, the Copyright Claims 

16 Board shall consider respondent’s submissions and, 

17 after allowing the other parties to address such sub18 missions, maintain, or amend its proposed deter19 mination as appropriate, and the resulting deter20 mination shall not be a default determination. 

21 ‘‘(4) If the respondent fails to respond to the no22 tice provided under paragraph (2), the Copyright 

23 Claims Board shall proceed to issue the default deter24 mination as a final determination. Thereafter, the re25 spondent may only challenge such determination to 


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

2 that, before any additional proceedings are initiated 

3 under section 1508, the Copyright Claims Board may, 

4 in the interests of justice, vacate the default deter5 mination. 

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

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

8 claimant fails to complete service on a respondent 

9 within the 90-day period required under subsection 

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

11 respondent from the proceeding without prejudice. If 

12 a claimant fails to complete service on all respondents 

13 within that 90-day period, the Copyright Claims 

14 Board shall dismiss the proceeding without prejudice. 

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

16 fails to proceed in an active proceeding, as dem17 onstrated by the claimant’s failure, without justifiable 

18 cause, to meet one or more deadlines or requirements 

19 set forth in the schedule adopted by the Copyright 

20 Claims Board under subsection (k), the Copyright 

21 Claims Board may, upon providing written notice to 

22 the claimant and a period of 30 days, beginning on 

23 the date of the notice, to respond to the notice, and 

24 after considering any such response, issue a deter25 mination dismissing the claimants’ claims, which 


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1 shall include an award of attorneys’ fees and costs, if 

2 appropriate, under subsection (y)(2). Thereafter, the 

3 claimant may only challenge such determination to 

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

5 that, before any additional proceedings are initiated 

6 under section 1508, the Copyright Claims Board may, 

7 in the interests of justice, vacate the determination of 

8 dismissal. 

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

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

11 Claims Board issues a final determination in a proceeding 

12 under this chapter, submit a written request for reconsider13 ation of, or an amendment to, such determination if the 

14 party identifies a clear error of law or fact material to the 

15 outcome, or a technical mistake. After providing the other 

16 parties an opportunity to address such request, the Copy17 right Claims Board shall either deny the request or issue 

18 an amended final determination. 

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

20 Board denies a party a request for reconsideration of a final 

21 determination under subsection (w), that party may, with22 in 30 days after the date of such denial, request review of 

23 the final determination by the Register of Copyrights in ac24 cordance with regulations established by the Register. Such 

25 request shall be accompanied by a reasonable filing fee, as 


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1 provided in such regulations. The review by the Register 

2 shall be limited to consideration of whether the Copyright 

3 Claims Board abused its discretion in denying reconsider4 ation of the determination. After providing the other parties 

5 an opportunity to address the request, the Register shall ei6 ther deny the request for review, or remand the proceeding 

7 to the Copyright Claims Board for reconsideration of issues 

8 specified in the remand and for issuance of an amended 

9 final determination. Such amended final determination 

10 shall not be subject to further consideration or review, other 

11 than under section 1508(c). 

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

13 ‘‘(1) CERTIFICATION.—The Register of Copy14 rights shall establish regulations requiring certifi15 cation of the accuracy and truthfulness of statements 

16 made by participants in proceedings before the Copy17 right Claims Board. 

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

19 any other provision of law, in any proceeding in 

20 which a determination is rendered and it is estab21 lished that a party pursued a claim, counterclaim, or 

22 defense for a harassing or other improper purpose, or 

23 without a reasonable basis in law or fact, then, unless 

24 inconsistent with the interests of justice, the Copy25 right Claims Board shall in such determination 


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1 award reasonable costs and attorneys’ fees to any ad2 versely affected party of in an amount of not more 

3 than $5,000, except that— 

4 ‘‘(A) if an adversely affected party appeared 

5 pro se in the proceeding, the award to that party 

6 shall be for costs only, in an amount of not more 

7 than $2,500; and 

8 ‘‘(B) in extraordinary circumstances, such 

9 as where a party has demonstrated a pattern or 

10 practice of bad faith conduct as described in this 

11 paragraph, the Copyright Claims Board may, in 

12 the interests of justice, award costs and attor13 neys’ fees in excess of the limitations under this 

14 paragraph. 

15 ‘‘(3) ADDITIONAL PENALTY.—If the Board finds 

16 that on more than one occasion within a 12-month 

17 period a party pursued a claim, counterclaim, or de18 fense before the Copyright Claims Board for a 

19 harassing or other improper purpose, or without a 

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

21 barred from initiating a claim before the Copyright 

22 Claims Board under this chapter for a period of 12 

23 months beginning on the date on which the Board 

24 makes such a finding. Any proceeding commenced by 

25 that party that is still pending before the Board when 


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1 such a finding is made shall be dismissed without 

2 prejudice, except that if a proceeding has been deemed 

3 active under subsection (i), the proceeding shall be 

4 dismissed under this paragraph only if the respondent 

5 provides written consent thereto. 

6 ‘‘(z) REGULATIONS FOR SMALLER CLAIMS.—The Reg7 ister of Copyrights shall establish regulations to provide for 

8 the consideration and determination, by at least one Copy9 right Claims Officer, of any claim under this chapter in 

10 which total damages sought do not exceed $5,000 (exclusive 

11 of attorneys’ fees and costs) that are otherwise consistent 

12 with this chapter. A determination issued under this sub13 section shall have the same effect as a determination issued 

14 by the entire Copyright Claims Board. 

15 ‘‘§ 1507. Effect of proceeding 

16 ‘‘(a) DETERMINATION.—Subject to the reconsideration 

17 and review processes provided under subsections (w) and 

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

19 final determination by the Copyright Claims Board in a 

20 proceeding, including a default determination or deter21 mination based on a failure to prosecute, shall, solely with 

22 respect to the parties to such determination, preclude reliti23 gation before any court or tribunal, or before the Copyright 

24 Claims Board, of the claims and counterclaims asserted and 

25 finally determined by the Board, and may be relied upon 


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1 for such purpose in a future action or proceeding arising 

2 from the same specific activity or activities, subject to the 

3 following: 

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

5 Board shall not preclude litigation or relitigation as 

6 between the same or different parties before any court 

7 or tribunal, or the Copyright Claims Board, of the 

8 same or similar issues of fact or law in connection 

9 with claims or counterclaims not asserted or not fi10 nally determined by the Copyright Claims Board. 

11 ‘‘(2) A determination of ownership of a copy12 righted work for purposes of resolving a matter before 

13 the Copyright Claims Board may not be relied upon, 

14 and shall not have any preclusive effect, in any other 

15 action or proceeding before any court or tribunal, in16 cluding the Copyright Claims Board. 

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

18 subsection and section 1508, any determination of the 

19 Copyright Claims Board may not be cited or relied 

20 upon as legal precedent in any other action or pro21 ceeding before any court or tribunal, including the 

22 Copyright Claims Board. 

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

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

25 Copyright Claims Board shall not have any effect on 


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1 a class action proceeding in a district court of the 

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

3 a class action proceeding in a district court of the 

4 United States. 

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

6 an active proceeding before the Copyright Claims 

7 Board who receives notice of a pending class action, 

8 arising out of the same transaction or occurrence as 

9 the proceeding before the Copyright Claims Board, in 

10 which the party is a class member shall either— 

11 ‘‘(A) opt out of the class action, in accord12 ance with regulations established by the Register 

13 of Copyrights; or 

14 ‘‘(B) seek dismissal under section 

15 1506(q)(3) of the proceeding before the Copyright 

16 Claims Board. 

17 ‘‘(c) OTHER MATERIALS IN PROCEEDING.—Except as 

18 permitted under this section and section 1508, a submission 

19 or statement of a party or witness made in connection with 

20 a proceeding before the Copyright Claims Board, including 

21 a proceeding that is dismissed, may not be cited or relied 

22 upon in, or serve as the basis of, any action or proceeding 

23 concerning rights or limitations on rights under this title 

24 before any court or tribunal, including the Copyright 

25 Claims Board. 


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

2 counterclaim before the Copyright Claims Board that is 

3 brought under subsection (c)(1) or (c)(4) of section 1504, 

4 or brought under subsection (c)(6) of section 1504 and that 

5 relates to a claim under subsection (c)(1) or (c)(4) of such 

6 section, qualifies as an action seeking an order to restrain 

7 a subscriber from engaging in infringing activity under sec8 tion 512(g)(2)(C) if— 

9 ‘‘(1) notice of the commencement of the Copy10 right Claims Board proceeding is provided by the 

11 claimant to the service provider’s designated agent be12 fore the service provider replaces the material fol13 lowing receipt of a counter notification under section 

14 512(g); and 

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

16 the material identified in the notification of claimed 

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

18 ‘‘(e) FAILURE TO ASSERT COUNTERCLAIM.—The fail19 ure or inability to assert a counterclaim in a proceeding 

20 before the Copyright Claims Board shall not preclude the 

21 assertion of that counterclaim in a subsequent court action 

22 or proceeding before the Copyright Claims Board. 

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

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

25 or is dismissed from a proceeding before the Copyright 


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1 Claims Board issues a final determination in the pro2 ceeding, the determination shall not be binding upon and 

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

4 ‘‘§ 1508. Review and confirmation by district court 

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

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

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

8 of the Copyright Claims Board, including a default deter9 mination or a determination based on a failure to pros10 ecute, the aggrieved party may, not later than 1 year after 

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

12 reconsideration by the Copyright Claims Board or review 

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

14 final determination is issued, whichever occurs last, apply 

15 to the United States District Court for the District of Co16 lumbia or any other appropriate district court of the 

17 United States for an order confirming the relief awarded 

18 in the final determination and reducing such award to 

19 judgment. The court shall grant such order and direct entry 

20 of judgment unless the determination is or has been vacated, 

21 modified, or corrected under subsection (c). If the United 

22 States District Court for the District of Columbia or other 

23 district court of the United States, as the case may be, issues 

24 an order confirming the relief awarded by the Copyright 

25 Claims Board, the court shall impose on the party who 


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1 failed to pay damages or otherwise comply with the relief, 

2 the reasonable expenses required to secure such order, in3 cluding attorneys’ fees, that were incurred by the aggrieved 

4 party. 

5 ‘‘(b) FILING PROCEDURES.— 

6 ‘‘(1) APPLICATION TO CONFIRM DETERMINA7 TION.—Notice of the application under subsection (a) 

8 for confirmation of a determination of the Copyright 

9 Claims Board and entry of judgment shall be pro10 vided to all parties to the proceeding before the Copy11 right Claims Board that resulted in the determina12 tion, in accordance with the procedures applicable to 

13 service of a motion in the district court of the United 

14 States where the application is made. 

15 ‘‘(2) CONTENTS OF APPLICATION.—The applica16 tion shall include the following: 

17 ‘‘(A) A certified copy of the final or amend18 ed final determination of the Copyright Claims 

19 Board, as reflected in the records of the Copy20 right Claims Board, following any process of re21 consideration or review by the Register of Copy22 rights, to be confirmed and rendered to judg23 ment. 

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

25 penalty of perjury— 


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1 ‘‘(i) that the copy is a true and correct 

2 copy of such determination; 

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

4 ‘‘(iii) stating the basis for the challenge 

5 under subsection (c)(1); and 

6 ‘‘(iv) stating whether the applicant is 

7 aware of any other proceedings before the 

8 court concerning the same determination of 

9 the Copyright Claims Board. 

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

11 ‘‘(1) BASES FOR CHALLENGE.—Not later than 90 

12 days after the date on which Copyright Claims Board 

13 issues a final or amended final determination in a 

14 proceeding, or not later than 90 days after the date 

15 on which the Register of Copyrights completes any 

16 process of reconsideration or review of the determina17 tion, whichever occurs later, a party may seek a court 

18 order vacating, modifying, or correcting the deter19 mination of the Copyright Claims Board in the fol20 lowing cases: 

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

22 result of fraud, corruption, misrepresentation, or 

23 other misconduct. 


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1 ‘‘(B) If the Copyright Claims Board exceed2 ed its authority or failed to render a final deter3 mination concerning the subject matter at issue. 

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

5 or determination based on a failure to prosecute, 

6 if it is established that the default or failure was 

7 due to excusable neglect. 

8 ‘‘(2) PROCEDURE TO CHALLENGE.— 

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

10 the application to challenge a determination of 

11 the Copyright Claims Board shall be provided to 

12 all parties to the proceeding before the Copyright 

13 Claims Board, in accordance with the procedures 

14 applicable to service of a motion in the court 

15 where the application is made. 

16 ‘‘(B) STAYING OF PROCEEDINGS.—For pur17 poses of an application under this subsection, 

18 any judge who is authorized to issue an order to 

19 stay the proceedings in an any other action 

20 brought in the same court may issue an order, 

21 to be served with the notice of application, stay22 ing proceedings to enforce the award while the 

23 challenge is pending. 


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1 ‘‘§ 1509. Relationship to other district court actions 

2 ‘‘(a) STAY OF DISTRICT COURT PROCEEDINGS.—Sub3 ject to section 1507(b), a district court of the United States 

4 shall issue a stay of proceedings or such other relief as the 

5 court determines appropriate with respect to any claim 

6 brought before the court that is already the subject of a 

7 pending or active proceeding before the Copyright Claims 

8 Board. 

9 ‘‘(b) ALTERNATIVE DISPUTE RESOLUTION PROCESS.— 

10 A proceeding before the Copyright Claims Board under this 

11 chapter shall qualify as an alternative dispute resolution 

12 process under section 651 of title 28 for purposes of referral 

13 of eligible cases by district courts of the United States upon 

14 the consent of the parties. 

15 ‘‘§ 1510. Implementation by Copyright Office 

16 ‘‘(a) REGULATIONS.— 

17 ‘‘(1) IMPLEMENTATION GENERALLY.—The Reg18 ister of Copyrights shall establish regulations to carry 

19 out this chapter. Such regulations shall include the 

20 fees prescribed under subsections (e) and (x) of section 

21 1506. The authority to issue such fees shall not limit 

22 the authority of the Register of Copyrights to establish 

23 fees for services under section 708. All fees received by 

24 the Copyright Office in connection with the activities 

25 under this chapter shall be deposited by the Register 

26 of Copyrights and credited to the appropriations for 


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1 necessary expenses of the Office in accordance with 

2 section 708(d). In establishing regulations under this 

3 subsection, the Register of Copyrights shall provide for 

4 the efficient administration of the Copyright Claims 

5 Board, and for the ability of the Copyright Claims 

6 Board to timely complete proceedings instituted under 

7 this chapter, including by implementing mechanisms 

8 to prevent harassing or improper use of the Copyright 

9 Claims Board by any party. 

10 ‘‘(2) LIMITS ON MONETARY RELIEF.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), not earlier than 3 years after the date 

13 on which Copyright Claims Board issues the 

14 first determination of the Copyright Claims 

15 Board, the Register of Copyrights may, in order 

16 to further the goals of the Copyright Claims 

17 Board, conduct a rulemaking to adjust the limits 

18 on monetary recovery or attorneys’ fees and costs 

19 that may be awarded under this chapter. 

20 ‘‘(B) EFFECTIVE DATE OF ADJUSTMENT.— 

21 Any rule under subparagraph (A) that makes an 

22 adjustment shall take effect at the end of the 120- 

23 day period beginning on the date on which the 

24 Register of Copyrights submits the rule to Con25 gress and only if Congress does not, during that 


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1 120-day period, enact a law that provides in 

2 substance that Congress does not approve the 

3 rule. 

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

5 law, the Register of Copyrights may retain outside vendors 

6 to establish internet-based, teleconferencing, and other fa7 cilities required to operate the Copyright Claims Board. 

8 ‘‘(c) FEES.—Any filing fees, including the fee to com9 mence a proceeding under section 1506(e), shall be pre10 scribed in regulations established by the Register of Copy11 rights. The sum total of such filing fees shall be in an 

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

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

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

15 Claims Board. 

16 ‘‘§ 1511. Funding 

17 ‘‘There are authorized to be appropriated such sums 

18 as may be necessary to pay the costs incurred by the Copy19 right Office under this chapter that are not covered by fees 

20 collected for services rendered under this chapter, including 

21 the costs of establishing and maintaining the Copyright 

22 Claims Board and its facilities.’’. 

23 (b) CLERICAL AMENDMENT.—The table of chapters for 

24 title 17, United States Code, is amended by adding after 

25 the item relating to chapter 14 the following: 

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


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1 SEC. 3. IMPLEMENTATION. 

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

3 Act, the Copyright Claims Board established under section 

4 1502 of title 17, United States Code, as added by section 

5 2 of this Act, shall begin operations. 

6 SEC. 4. STUDY. 

7 Not later than 3 years after the date on which Copy8 right Claims Board issues the first determination of the 

9 Copyright Claims Board under chapter 15 of title 17, 

10 United States Code, as added by section 2 of this Act, the 

11 Register of Copyrights shall conduct, and report to Congress 

12 on, a study that addresses the following: 

13 (1) The use and efficacy of the Copyright Claims 

14 Board in resolving copyright claims, including the 

15 number of proceedings the Copyright Claims Board 

16 could reasonably administer. 

17 (2) Whether adjustments to the authority of the 

18 Copyright Claims Board are necessary or advisable, 

19 including with respect to— 

20 (A) eligible claims, such as claims under 

21 section 1202 of title 17, United States Code; and 

22 (B) works and applicable damages limita23 tions. 

24 (3) Whether greater allowance should be made to 

25 permit awards of attorneys’ fees and costs to preVerDate Sep 11 2014 01:33 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6203 E:\BILLS\H2426.RH H2426

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1 vailing parties, including potential limitations on 

2 such awards. 

3 (4) Potential mechanisms to assist copyright 

4 owners with small claims in ascertaining the identity 

5 and location of unknown online infringers. 

6 (5) Whether the Copyright Claims Board should 

7 be expanded to offer mediation or other nonbinding 

8 alternative dispute resolution services to interested 

9 parties. 

10 (6) Such other matters as the Register of Copy11 rights believes may be pertinent concerning the Copy12 right Claims Board. 

13 SEC. 5. SEVERABILITY. 

14 If any provision of this Act, an amendment made by 

15 this Act, or the application of such provision or amendment 

16 to any person or circumstance is held to be unconstitu17 tional, the remainder of this Act and the amendments made 

18 by this Act, and the application of the provision or the 

19 amendment to any other person or circumstance, shall not 

20 be affected. 


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Union Calendar No. 201 

116TH CONGRESS 

1ST SESSION H. R. 2426 

[Report No. 116–252] 

A BILL 

To amend title 17, United States Code, to establish 

copyright small claims, and for other purposes. an alternative dispute resolution program for 

OCTOBER 22, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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