II 

116TH CONGRESS 

1ST SESSION S. 1273 

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

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

IN THE SENATE OF THE UNITED STATES 

MAY 1, 2019 

Mr. KENNEDY (for himself, Mr. DURBIN, Mr. TILLIS, and Ms. HIRONO) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

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

alternative dispute resolution program for copyright 

small claims, 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 ‘‘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: 


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1 ‘‘CHAPTER 15—COPYRIGHT SMALL 

2 CLAIMS 

‘‘1501. Definitions. 

‘‘1502. Copyright Claims Board. 

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

‘‘1504. Nature of proceedings. 

‘‘1505. Registration requirement. 

‘‘1506. Conduct of proceedings. 

‘‘1507. Effect of proceeding. 

‘‘1508. Review and confirmation by district court. 

‘‘1509. Relationship to other district court actions. 

‘‘1510. Implementation by Copyright Office. 

‘‘1511. Funding. 

3 ‘‘§ 1501. Definitions 

4 ‘‘In this chapter— 

5 ‘‘(1) the term ‘party’— 

6 ‘‘(A) means a party; and 

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

8 applicable; 

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

10 in interest that commences a proceeding before the 

11 Copyright Claims Board under section 1506(e), pur12 suant to a permissible claim of infringement brought 

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

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

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

16 ‘‘(3) the term ‘counterclaimant’ means a re17 spondent in a proceeding before the Copyright 

18 Claims Board that— 


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1 ‘‘(A) asserts a permissible counterclaim 

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

3 in the proceeding; and 

4 ‘‘(B) is the real party in interest with re5 spect to the counterclaim described in subpara6 graph (A); and 

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

8 against whom a proceeding is brought before the 

9 Copyright Claims Board under section 1506(e), pur10 suant to a permissible claim of infringement brought 

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

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

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

14 ‘‘§ 1502. Copyright Claims Board 

15 ‘‘(a) IN GENERAL.—There is established in the Copy16 right Office the Copyright Claims Board, which shall serve 

17 as an alternative forum in which parties may voluntarily 

18 seek to resolve certain copyright claims regarding any cat19 egory of copyrighted work, as provided in this chapter. 

20 ‘‘(b) OFFICERS AND STAFF.— 

21 ‘‘(1) COPYRIGHT CLAIMS OFFICERS.—The Reg22 ister of Copyrights shall recommend 3 full-time 

23 Copyright Claims Officers to serve on the Copyright 

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

25 The Officers shall be appointed by the Librarian of 


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1 Congress to such positions after consultation with 

2 the Register of Copyrights. 

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

4 Register of Copyrights shall hire not fewer than 2 

5 full-time Copyright Claims Attorneys to assist in the 

6 administration of the Copyright Claims Board. 

7 ‘‘(3) QUALIFICATIONS.— 

8 ‘‘(A) COPYRIGHT CLAIMS OFFICERS.— 

9 ‘‘(i) IN GENERAL.—Each Copyright 

10 Claims Officer shall be an attorney who 

11 has not fewer than 7 years of legal experi12 ence. 

13 ‘‘(ii) EXPERIENCE.—Two of the Copy14 right Claims Officers shall have— 

15 ‘‘(I) substantial experience in the 

16 evaluation, litigation, or adjudication 

17 of copyright infringement claims; and 

18 ‘‘(II) between those 2 Officers, 

19 have represented or presided over a 

20 diversity of copyright interests, includ21 ing those of both owners and users of 

22 copyrighted works. 

23 ‘‘(iii) ALTERNATIVE DISPUTE RESOLU24 TION.—The Copyright Claims Officer not 

25 described in clause (ii) shall have substanVerDate Sep 11 2014 20:58 May 03, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1273.IS S1273

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1 tial familiarity with copyright law and ex2 perience in the field of alternative dispute 

3 resolution, including the resolution of liti4 gation matters through that method of res5 olution. 

6 ‘‘(B) COPYRIGHT CLAIMS ATTORNEYS.— 

7 Each Copyright Claims Attorney shall be an at8 torney who has not fewer than 3 years of sub9 stantial experience in copyright law. 

10 ‘‘(4) COMPENSATION.— 

11 ‘‘(A) COPYRIGHT CLAIMS OFFICERS.— 

12 ‘‘(i) DEFINITION.—In this subpara13 graph, the term ‘senior level employee of 

14 the Federal Government’ means an em15 ployee, other than an employee in the Sen16 ior Executive Service, the position of whom 

17 is classified above GS–15 of the General 

18 Schedule. 

19 ‘‘(ii) PAY RANGE.—Each Copyright 

20 Claims Officer shall be compensated at a 

21 rate of pay that is not less than the min22 imum, and not more than the maximum, 

23 rate of pay payable for senior level employ24 ees of the Federal Government, including 

25 locality pay, as applicable. 


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1 ‘‘(B) COPYRIGHT CLAIMS ATTORNEYS.— 

2 Each Copyright Claims Attorney shall be com3 pensated at a rate of pay that is not more than 

4 the maximum rate of pay payable for level 10 

5 of GS–15 of the General Schedule, including lo6 cality pay, as applicable. 

7 ‘‘(5) TERMS.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), a Copyright Claims Officer shall 

10 serve for a renewable term of 6 years. 

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

12 first Copyright Claims Officers appointed under 

13 this chapter shall be as follows: 

14 ‘‘(i) The first such Copyright Claims 

15 Officer appointed shall be appointed for a 

16 term of 4 years. 

17 ‘‘(ii) The second Copyright Claims Of18 ficer appointed shall be appointed for a 

19 term of 5 years. 

20 ‘‘(iii) The third Copyright Claims Of21 ficer appointed shall be appointed for a 

22 term of 6 years. 

23 ‘‘(6) VACANCIES AND INCAPACITY.— 

24 ‘‘(A) VACANCY.— 


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1 ‘‘(i) IN GENERAL.—If a vacancy oc2 curs in the position of a Copyright Claims 

3 Officer, the Librarian of Congress shall, 

4 upon the recommendation of, and in con5 sultation with, the Register of Copyrights, 

6 act expeditiously to appoint a Copyright 

7 Claims Officer for that position. 

8 ‘‘(ii) VACANCY BEFORE EXPIRA9 TION.—An individual appointed to fill a 

10 vacancy occurring before the expiration of 

11 the term for which the predecessor of the 

12 individual was appointed shall be appointed 

13 to serve a 6-year term. 

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

15 Officer is temporarily unable to perform the du16 ties of the Officer, the Librarian of Congress 

17 shall, upon recommendation of, and in consulta18 tion with, the Register of Copyrights, act expe19 ditiously to appoint an interim Copyright 

20 Claims Officer to perform such duties during 

21 the period of such incapacity. 

22 ‘‘(7) SANCTION OR REMOVAL.—Subject to sec23 tion 1503(b), the Librarian of Congress may sanc24 tion or remove a Copyright Claims Officer. 


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

2 of Copyrights shall provide the Copyright Claims Of3 ficers and Copyright Claims Attorneys with nec4 essary administrative support, including techno5 logical facilities, to carry out the duties of the Offi6 cers and Attorneys under this chapter. 

7 ‘‘(9) LOCATION OF COPYRIGHT CLAIMS

8 BOARD.—The offices and facilities of the Copyright 

9 Claims Officers and Copyright Claims Attorneys 

10 shall be located at the Copyright Office. 

11 ‘‘§ 1503. Authority and duties of the Copyright Claims 

12 Board 

13 ‘‘(a) FUNCTIONS.— 

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

15 to the provisions of this chapter and applicable regu16 lations, the functions of the Copyright Claims Offi17 cers shall be as follows: 

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

19 copyright claims, counterclaims, and defenses 

20 that may be brought before the Officers under 

21 this chapter. 

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

23 and defenses are properly asserted and other24 wise appropriate for resolution by the Copyright 

25 Claims Board. 


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

2 Officers and render rulings pertaining to the 

3 consideration of claims, counterclaims, and de4 fenses, including with respect to scheduling, dis5 covery, evidentiary, and other matters. 

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

7 nonparticipants in a proceeding, the production 

8 of information and documents relevant to the 

9 resolution of a claim, counterclaim, or defense. 

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

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

12 parties of claims and counterclaims. 

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

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

15 the Officers a requirement that certain activi16 ties under section 1504(e)(2) cease or be miti17 gated, if the party to undertake the applicable 

18 measure has so agreed. 

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

20 concerning the procedures and requirements of 

21 the Copyright Claims Board. 

22 ‘‘(I) To maintain records of the pro23 ceedings before the Officers, certify official 

24 records of such proceedings as needed, and, as 


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

2 in such proceedings available to the public. 

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

4 set forth in this chapter. 

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

6 duties of the Officers set forth in this chapter, 

7 to perform such other duties as may be as8 signed by the Register of Copyrights. 

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

10 to the provisions of this chapter and applicable regu11 lations, the functions of the Copyright Claims Attor12 neys shall be as follows: 

13 ‘‘(A) To provide assistance to the Copy14 right Claims Officers in the administration of 

15 the duties of those Officers under this chapter. 

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

17 the public with respect to the procedures and 

18 requirements of the Copyright Claims Board. 

19 ‘‘(C) To provide information to potential 

20 claimants contemplating bringing a permissible 

21 action before the Copyright Claims Board about 

22 obtaining a subpoena under section 512(h) for 

23 the sole purpose of identifying a potential re24 spondent in such an action. 


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

2 duties of the Attorneys set forth in this chapter, 

3 to perform such other duties as may be as4 signed by the Register of Copyrights. 

5 ‘‘(b) INDEPENDENCE IN DETERMINATIONS.— 

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

7 Board shall render the determinations of the Board 

8 in individual proceedings independently on the basis 

9 of the records in the proceedings before it and in ac10 cordance with the provisions of this title, judicial 

11 precedent, and applicable regulations of the Register 

12 of Copyrights. 

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

14 Officers and Copyright Claims Attorneys— 

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

16 Copyrights on general issues of law; and 

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

18 consult with the Register of Copyrights with re19 spect to— 

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

21 pending before the Officers and the Attor22 neys; or 

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

24 facts described in clause (i). 


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1 ‘‘(3) PERFORMANCE APPRAISALS.—Notwith2 standing any other provision of law or any regula3 tion or policy of the Library of Congress or Register 

4 of Copyrights, any performance appraisal of a Copy5 right Claims Officer or Copyright Claims Attorney 

6 may not consider the substantive result of any indi7 vidual determination reached by the Copyright 

8 Claims Board as a basis for appraisal except to the 

9 extent that result may relate to any actual or alleged 

10 violation of an ethical standard of conduct. 

11 ‘‘(c) DIRECTION BY REGISTER.—Subject to sub12 section (b), the Copyright Claims Officers and Copyright 

13 Claims Attorneys shall, in the administration of their du14 ties, be under the general direction of the Register of 

15 Copyrights. 

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

17 Claims Officer or Copyright Claims Attorney may not un18 dertake any duty that conflicts with the duties of the Offi19 cer or Attorney in connection with the Copyright Claims 

20 Board. 

21 ‘‘(e) RECUSAL.—A Copyright Claims Officer or Copy22 right Claims Attorney shall recuse himself or herself from 

23 participation in any proceeding with respect to which the 

24 Copyright Claims Officer or Copyright Claims Attorney, 


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

2 has a conflict of interest. 

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

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

5 proceeding before the Copyright Claims Board shall re6 frain from ex parte communications with the Copyright 

7 Claims Officers and the Register of Copyrights concerning 

8 the substance of any active or pending proceeding before 

9 the Copyright Claims Board. 

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

11 Claims Officers and Register of Copyrights under this 

12 chapter in connection with the rendering of any deter13 mination are subject to judicial review as provided under 

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

15 ‘‘§ 1504. Nature of proceedings 

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

17 a Copyright Claims Board proceeding shall be on a vol18 untary basis in accordance with this chapter and the right 

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

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

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

22 ‘‘(b) STATUTE OF LIMITATIONS.— 

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

24 maintained before the Copyright Claims Board un25 less the proceeding is commenced, in accordance 


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

2 Board within 3 years after the claim accrued. 

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

4 proceeding commenced before the Copyright Claims 

5 Board shall toll the time permitted under section 

6 507(b) for the commencement of an action on the 

7 same claim in a district court of the United States 

8 during the period in which the proceeding is pend9 ing. 

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

11 DEFENSES.—The Copyright Claims Board may render de12 terminations with respect to the following claims, counter13 claims, and defenses, subject to such further limitations 

14 and requirements, including with respect to particular 

15 classes of works, as may be set forth in regulations estab16 lished by the Register of Copyrights: 

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

18 right in a copyrighted work provided under section 

19 106 by the legal or beneficial owner of the exclusive 

20 right at the time of the infringement for which the 

21 claimant seeks damages, if any, within the limita22 tions set forth in subsection (e)(1). 

23 ‘‘(2) A claim for a declaration of noninfringe24 ment of an exclusive right in a copyrighted work 


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1 provided under section 106, consistent with section 

2 2201 of title 28. 

3 ‘‘(3) A claim under section 512(f) for misrepre4 sentation in connection with a notification of claimed 

5 infringement or a counter notification seeking to re6 place removed or disabled material, except that any 

7 remedies relating to such a claim in a proceeding be8 fore the Copyright Claims Board shall be limited to 

9 those available under this chapter. 

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

11 against the claimant in a proceeding— 

12 ‘‘(A) pursuant to which the counterclaim13 ant seeks damages, if any, within the limita14 tions set forth in subsection (e)(1); and 

15 ‘‘(B) that— 

16 ‘‘(i) arises under section 106 or sec17 tion 512(f) and out of the same trans18 action or occurrence that is the subject of 

19 a claim of infringement brought under 

20 paragraph (1), a claim of noninfringement 

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

22 misrepresentation brought under para23 graph (3); or 

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1 rence that is the subject of a claim of in2 fringement brought under paragraph (1), 

3 if the agreement could affect the relief 

4 awarded to the claimant. 

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

6 or otherwise available under law, in response to a 

7 claim or counterclaim asserted under this subsection. 

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

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

10 claimants against one or more respondents, but only 

11 if all claims asserted in any one proceeding arise out 

12 of the same allegedly infringing activity or contin13 uous course of infringing activities and do not, in 

14 the aggregate, result in the recovery of such claim 

15 or claims for damages that exceed the limitations 

16 under subsection (e)(1). 

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

18 counterclaims are not subject to determination by the 

19 Copyright Claims Board: 

20 ‘‘(1) A claim or counterclaim that is not a per21 missible claim or counterclaim under subsection (c). 

22 ‘‘(2) A claim or counterclaim that has been fi23 nally adjudicated by a court of competent jurisdic24 tion or that is pending before a court of competent 

25 jurisdiction, unless that court has granted a stay to 


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1 permit that claim or counterclaim to proceed before 

2 the Copyright Claims Board. 

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

4 Federal or State governmental entity. 

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

6 person or entity residing outside of the United 

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

8 initiated the proceeding before the Copyright Claims 

9 Board and is subject to counterclaims under this 

10 chapter. 

11 ‘‘(e) PERMISSIBLE REMEDIES.— 

12 ‘‘(1) MONETARY RECOVERY.— 

13 ‘‘(A) ACTUAL DAMAGES, PROFITS, AND

14 STATUTORY DAMAGES FOR INFRINGEMENT.— 

15 With respect to a claim or counterclaim for in16 fringement of copyright, and subject to the limi17 tation on total monetary recovery under sub18 paragraph (D), the Copyright Claims Board 

19 may award either of the following: 

20 ‘‘(i) Actual damages and profits deter21 mined in accordance with section 504(b), 

22 with that award taking into consideration, 

23 in appropriate cases, whether the infring24 ing party has agreed to cease or mitigate 


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1 the infringing activity under paragraph 

2 (2). 

3 ‘‘(ii) Statutory damages, which shall 

4 be determined in accordance with section 

5 504(c), subject to the following conditions: 

6 ‘‘(I) With respect to works timely 

7 registered under section 412, so that 

8 the works are eligible for an award of 

9 statutory damages in accordance with 

10 that section, the statutory damages 

11 may not exceed $15,000 for each 

12 work infringed. 

13 ‘‘(II) With respect to works not 

14 timely registered under section 412, 

15 but eligible for an award of statutory 

16 damages under this section, statutory 

17 damages may not exceed $7,500 per 

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

19 in any 1 proceeding. 

20 ‘‘(III) The Copyright Claims 

21 Board may not make any finding 

22 that, or consider whether, the in23 fringement was committed willfully in 

24 making an award of statutory dam25 ages. 


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1 ‘‘(IV) The Copyright Claims 

2 Board may consider, as an additional 

3 factor in awarding statutory damages, 

4 whether the infringer has agreed to 

5 cease or mitigate the infringing activ6 ity under paragraph (2). 

7 ‘‘(B) ELECTION OF DAMAGES.—With re8 spect to a claim or counterclaim of infringe9 ment, at any time before final determination is 

10 rendered, the claimant or counterclaimant shall, 

11 in accordance with the schedule established by 

12 the Copyright Claims Board under section 

13 1506(k), elect— 

14 ‘‘(i) to pursue actual damages and 

15 profits or statutory damages under sub16 paragraph (A); or 

17 ‘‘(ii) not to pursue damages. 

18 ‘‘(C) DAMAGES FOR OTHER CLAIMS.— 

19 Damages for claims and counterclaims other 

20 than infringement claims, such as those 

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

22 to the limitation under subparagraph (D). 

23 ‘‘(D) LIMITATION ON TOTAL MONETARY

24 RECOVERY.—Notwithstanding any other provi25 sion of law, a party that pursues any one or 


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1 more claims or counterclaims in any single pro2 ceeding before the Copyright Claims Board may 

3 not seek or recover in that proceeding a total 

4 monetary recovery that exceeds the sum of 

5 $30,000, exclusive of any attorneys’ fees and 

6 costs that may be awarded under section 

7 1506(y)(2). 

8 ‘‘(2) AGREEMENT TO CEASE CERTAIN ACTIV9 ITY.—In a determination of the Copyright Claims 

10 Board, the Board shall include a requirement to 

11 cease conduct if, in the proceeding relating to the 

12 determination— 

13 ‘‘(A) a party agrees— 

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

15 be infringing, including removing or dis16 abling access to, or destroying, infringing 

17 materials; or 

18 ‘‘(ii) to cease sending a takedown no19 tice or counter notice under section 512 to 

20 the other party regarding the conduct at 

21 issue before the Board if that notice or 

22 counter notice was found to be a knowing 

23 material misrepresentation under section 

24 512(f); and 


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1 ‘‘(B) the agreement described in subpara2 graph (A) is reflected in the record for the pro3 ceeding. 

4 ‘‘(3) ATTORNEYS’ FEES AND COSTS.—Notwith5 standing any other provision of law, except in the 

6 case of bad faith conduct as provided in section 

7 1506(y)(2), the parties to proceedings before the 

8 Copyright Claims Board shall bear their own attor9 neys’ fees and costs. 

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

11 proceeding before the Copyright Claims Board may be 

12 found jointly and severally liable if all such parties and 

13 relevant claims or counterclaims arise from the same ac14 tivity or activities. 

15 ‘‘(g) PERMISSIBLE NUMBER OF CASES.—The Reg16 ister of Copyrights may establish regulations relating to 

17 the permitted number of proceedings each year by the 

18 same claimant under this chapter, in the interests of jus19 tice and the administration of the Copyright Claims 

20 Board. 

21 ‘‘§ 1505. Registration requirement 

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

23 counterclaim alleging infringement of an exclusive right 

24 in a copyrighted work may not be asserted before the 

25 Copyright Claims Board unless— 


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1 ‘‘(1) the legal or beneficial owner of the copy2 right has first delivered a completed application, a 

3 deposit, and the required fee for registration of the 

4 copyright to the Copyright Office; and 

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

6 issued or has not been refused. 

7 ‘‘(b) CERTIFICATE OF REGISTRATION.—Notwith8 standing any other provision of law, a claimant or counter9 claimant in a proceeding before the Copyright Claims 

10 Board shall be eligible to recover actual damages and prof11 its or statutory damages under this chapter for infringe12 ment of a work if the requirements of subsection (a) have 

13 been met, except that— 

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

15 render a determination in the proceeding until— 

16 ‘‘(A) a registration certificate with respect 

17 to the work has been issued by the Copyright 

18 Office, submitted to the Copyright Claims 

19 Board, and made available to the other parties 

20 to the proceeding; and 

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

22 have been provided an opportunity to address 

23 the registration certificate; 

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

25 because a registration certificate for the work is 


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1 pending, the proceeding shall be held in abeyance 

2 pending submission of the certificate to the Copy3 right Claims Board, except that, if the proceeding is 

4 held in abeyance for more than 1 year, the Copy5 right Claims Board may, upon providing written no6 tice to the parties to the proceeding, and 30 days to 

7 the parties to respond to the notice, dismiss the pro8 ceeding without prejudice; and 

9 ‘‘(3) if the Copyright Claims Board receives no10 tice that registration with respect to the work has 

11 been refused, the proceeding shall be dismissed with12 out prejudice. 

13 ‘‘(c) PRESUMPTION.—In a case in which a registra14 tion certificate shows that registration with respect to a 

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

16 the first publication of the work, the presumption under 

17 section 410(c) shall apply in a proceeding before the Copy18 right Claims Board, in addition to relevant principles of 

19 law under this title. 

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

21 before the Copyright Claims Board proceed in a timely 

22 manner, the Register of Copyrights shall establish regula23 tions allowing the Copyright Office to make a decision, 

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1 tion for an unregistered work that is at issue before the 

2 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 ac7 cordance with this chapter and regulations estab8 lished by the Register of Copyrights under this chap9 ter, in addition to relevant principles of law under 

10 this title. 

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

12 that there may be conflicting judicial precedent on 

13 an issue of substantive copyright law that cannot be 

14 reconciled, the Copyright Claims Board shall follow 

15 the law of the Federal jurisdiction in which the ac16 tion could have been brought if filed in a district 

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

18 have been brought in more than 1 such jurisdiction, 

19 the jurisdiction that the Copyright Claims Board de20 termines has the most significant ties to the parties 

21 and conduct at issue. 

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

23 maintain records documenting the proceedings before the 

24 Board. 


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

2 the Copyright Claims Board shall— 

3 ‘‘(1) be conducted at the offices of the Copy4 right Claims Board without the requirement of in5 person appearances by parties or others; and 

6 ‘‘(2) take place by means of written submis7 sions, hearings, and conferences carried out through 

8 internet-based applications and other telecommuni9 cations facilities, except that, in cases in which phys10 ical or other nontestimonial evidence material to a 

11 proceeding cannot be furnished to the Copyright 

12 Claims Board through available telecommunications 

13 facilities, the Copyright Claims Board may make al14 ternative arrangements for the submission of such 

15 evidence that do not prejudice any other party to the 

16 proceeding. 

17 ‘‘(d) REPRESENTATION.—A party to a proceeding be18 fore the Copyright Claims Board may be, but is not re19 quired to be, represented by— 

20 ‘‘(1) an attorney; or 

21 ‘‘(2) a law student who is qualified under appli22 cable law governing representation by law students 

23 of parties in legal proceedings and who provides 

24 such representation on a pro bono basis. 


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

2 commence a proceeding under this chapter, a claimant 

3 shall, subject to such additional requirements as may be 

4 prescribed in regulations established by the Register of 

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

6 that— 

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

8 support of the claim; 

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

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

11 amount as may be prescribed in regulations estab12 lished by the Register of Copyrights. 

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

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

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

16 Copyright Claims Attorney to ensure that the claim 

17 complies with this chapter and applicable regula18 tions, subject to the following: 

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

20 claimant shall be notified regarding that com21 pliance and instructed to proceed with service of 

22 the claim under subsection (g). 

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

24 the claimant shall be notified that the claim is 

25 deficient and be permitted to file an amended 


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1 claim not later than 30 days after the date on 

2 which the claimant receives the notice, without 

3 the requirement of an additional filing fee. If 

4 the claimant files a compliant claim within that 

5 30-day period, the claimant shall be so notified 

6 and be instructed to proceed with service of the 

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

8 period and still fails to comply, the claimant 

9 shall again be notified that the claim is defi10 cient and shall be provided a second oppor11 tunity to amend the claim within 30 days after 

12 the date of that second notice, without the re13 quirement of an additional filing fee. If the 

14 claim is refiled again within that second 30-day 

15 period and is compliant, the claimant shall be 

16 so notified and shall be instructed to proceed 

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

18 fails to comply, upon confirmation of such non19 compliance by a Copyright Claims Officer, the 

20 proceeding shall be dismissed without prejudice. 

21 The Copyright Claims Board shall also dismiss 

22 without prejudice any proceeding in which a 

23 compliant claim is not filed within the applica24 ble 30-day period. 


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

2 of this paragraph, a claim against an online 

3 service provider for infringement by reason of 

4 the storage of or referral or linking to infring5 ing material that may be subject to the limita6 tions on liability set forth in subsection (b), (c), 

7 or (d) of section 512 shall be considered non8 compliant unless the claimant affirms in the 

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

10 this section that the claimant has previously no11 tified the service provider of the claimed in12 fringement in accordance with subsection 

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

14 applicable, and the service provider failed to re15 move or disable access to the material expedi16 tiously upon the provision of such notice. 

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

18 under clause (i), the Copyright Claims Board 

19 shall provide the claimant with information con20 cerning the service of such a notice under the 

21 applicable provision of section 512. 

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

23 service of a counterclaim, the counterclaim shall be 

24 reviewed by a Copyright Claims Attorney to ensure 

25 that the counterclaim complies with the provisions of 


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1 this chapter and applicable regulations. If the coun2 terclaim is found not to comply, the counterclaimant 

3 and the other parties to the proceeding shall be noti4 fied that the counterclaim is deficient, and the 

5 counterclaimant shall be permitted to file and serve 

6 an amended counterclaim within 30 days after the 

7 date of such notice. If the counterclaimant files and 

8 serves a compliant counterclaim within that 30-day 

9 period, the counterclaimant and such other parties 

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

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

12 comply, the counterclaimant and such other parties 

13 shall again be notified that the counterclaim is defi14 cient, and the counterclaimant shall be provided a 

15 second opportunity to amend the counterclaim with16 in 30 days after the date of the second notice. If the 

17 counterclaim is refiled and served again within that 

18 second 30-day period and is compliant, the counter19 claimant and such other parties shall be so notified, 

20 but if the counterclaim still fails to comply, upon 

21 confirmation of such noncompliance by a Copyright 

22 Claims Officer, the counterclaim, but not the pro23 ceeding, shall be dismissed without prejudice. 

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

25 Copyright Claims Board shall dismiss a claim or 


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1 counterclaim without prejudice if, upon reviewing 

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

3 the proceeding, the Copyright Claims Board con4 cludes that the claim or counterclaim is unsuitable 

5 for determination by the Copyright Claims Board, 

6 including on account of any of the following: 

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

8 ‘‘(B) The lack of an essential witness, evi9 dence, or expert testimony. 

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

11 of law or fact that could exceed either the num12 ber of proceedings the Copyright Claims Board 

13 could reasonably administer or the subject mat14 ter competence of the Copyright Claims Board. 

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

16 proceed with a claim against a respondent, a claimant 

17 shall, within 90 days after receiving notification under 

18 subsection (f) to proceed with service, file with the Copy19 right Claims Board proof of service on the respondent. In 

20 order to effectuate service on a respondent, the claimant 

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

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

23 service or pursuant to a waiver of personal service, as pre24 scribed in regulations established by the Register of CopyVerDate Sep 11 2014 20:58 May 03, 2019 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1273.IS S1273

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1 rights. Such regulations shall include the following re2 quirements: 

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

4 to a prescribed form and shall set forth the nature 

5 of the Copyright Claims Board and proceeding, the 

6 right of the respondent to opt out, and the con7 sequences of opting out and not opting out, includ8 ing a prominent statement that, by not opting out 

9 within 60 days after receiving the notice, the re10 spondent— 

11 ‘‘(A) loses the opportunity to have the dis12 pute decided by a court created under article 

13 III of the Constitution of the United States; 

14 and 

15 ‘‘(B) waives the right to a jury trial re16 garding the dispute. 

17 ‘‘(2) The copy of the claim served on the re18 spondent shall be the same as the claim that was 

19 filed with the Copyright Claims Board. 

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

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

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

23 ‘‘(4) An individual, other than a minor or in24 competent individual, may be served by— 


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

2 a summons in an action brought in courts of 

3 general jurisdiction in the State where service is 

4 made; 

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

6 claim to the individual personally; 

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

8 at the individual’s dwelling or usual place of 

9 abode with someone of suitable age and discre10 tion who resides there; or 

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

12 claim to an agent designated by the respondent 

13 to receive service of process or, if not so des14 ignated, an agent authorized by appointment or 

15 by law to receive service of process. 

16 ‘‘(5)(A) A corporation, partnership, or unincor17 porated association that is subject to suit in courts 

18 of general jurisdiction under a common name shall 

19 be served by delivering a copy of the notice and 

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

21 not been designated, service shall be accomplished— 

22 ‘‘(i) by complying with State law for serv23 ing a summons in an action brought in courts 

24 of general jurisdiction in the State where serv25 ice is made; or 


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

2 claim to an officer, a managing or general 

3 agent, or any other agent authorized by ap4 pointment or by law to receive service of proc5 ess in an action brought in courts of general ju6 risdiction in the State where service is made 

7 and, if the agent is one authorized by statute 

8 and the statute so requires, by also mailing a 

9 copy of the notice and claim to the respondent. 

10 ‘‘(B) A corporation, partnership or unincor11 porated association that is subject to suit in courts 

12 of general jurisdiction under a common name may 

13 elect to designate a service agent to receive notice of 

14 a claim against it before the Copyright Claims 

15 Board by complying with requirements that the Reg16 ister of Copyrights shall establish by regulation. The 

17 Register of Copyrights shall maintain a current di18 rectory of service agents that is available to the pub19 lic for inspection, including through the internet, 

20 and may require such corporations, partnerships, 

21 and unincorporated associations designating such 

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

23 maintaining the directory. 

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

25 service, the claimant may notify a respondent, by 


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1 first class mail or by other reasonable means, that 

2 a proceeding has been commenced, such notice to be 

3 made in accordance with regulations established by 

4 the Register of Copyrights, subject to the following: 

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

6 shall be addressed to the respondent, and shall 

7 be accompanied by a prescribed notice of the 

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

9 Copyright Claims Board, a prescribed form for 

10 waiver of personal service, and a prepaid or 

11 other means of returning the form without cost. 

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

13 which the request is sent, and shall provide the 

14 respondent a period of 30 days, beginning on 

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

16 the waiver form signed by the respondent. The 

17 signed waiver form shall, for purposes of this 

18 subsection, constitute acceptance and proof of 

19 service as of the date on which the waiver is 

20 signed. 

21 ‘‘(7)(A) A respondent’s waiver of personal serv22 ice shall not constitute a waiver of the respondent’s 

23 right to opt out of the proceeding. 

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

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


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1 the proceeding shall be permitted a period of 30 

2 days, in addition to the period otherwise permitted 

3 under the applicable procedures of the Copyright 

4 Claims Board, to submit a substantive response to 

5 the claim, including any defenses and counterclaims. 

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

7 only be served by complying with State law for serv8 ing a summons or like process on such an individual 

9 in an action brought in the courts of general juris10 diction of the State where service is made. 

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

12 service may only be effected within the United 

13 States. 

14 ‘‘(h) NOTIFICATION BY COPYRIGHT CLAIMS

15 BOARD.—The Register of Copyrights shall establish regu16 lations providing for a written notification to be sent by, 

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

18 respondent of a pending proceeding against the respond19 ent, as set forth in those regulations, which shall— 

20 ‘‘(1) include information concerning the re21 spondent’s right to opt out of the proceeding, the 

22 consequences of opting out and not opting out, and 

23 a prominent statement that, by not opting out with24 in 60 days after the date of service under subsection 

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


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1 dispute decided by a court created under article III 

2 of the Constitution of the United States and waives 

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

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

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

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

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

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

9 beginning on the date of service, in which to provide writ10 ten notice of such choice to the Copyright Claims Board, 

11 in accordance with regulations established by the Register 

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

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

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

15 period, the proceeding shall be deemed an active pro16 ceeding and the respondent shall be bound by the deter17 mination in the proceeding to the extent provided under 

18 section 1507(a). If the respondent opts out of the pro19 ceeding during that 60-day period, the proceeding shall 

20 be dismissed without prejudice, except that, in exceptional 

21 circumstances and upon written notice to the claimant, the 

22 Copyright Claims Board may extend that 60-day period 

23 in the interests of justice. 

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

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


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1 notice and claim, shall be served in accordance with regu2 lations established by the Register of Copyrights. 

3 ‘‘(k) SCHEDULING.—Upon confirmation that a pro4 ceeding has become an active proceeding, the Copyright 

5 Claims Board shall issue a schedule for the future conduct 

6 of the proceeding. A schedule issued by the Copyright 

7 Claims Board may be amended by the Copyright Claims 

8 Board in the interests of justice. 

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

10 Officers may hold a conference to address case manage11 ment or discovery issues in a proceeding, which shall be 

12 noted upon the record of the proceeding and may be re13 corded or transcribed. 

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

15 Copyright Claims Board may not include any formal mo16 tion practice, except that, subject to applicable regulations 

17 and procedures of the Copyright Claims Board— 

18 ‘‘(1) the parties to the proceeding may make re19 quests to the Copyright Claims Board to address 

20 case management and discovery matters, and submit 

21 responses thereto; and 

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

23 or permit parties to make submissions addressing 

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


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1 including matters raised sua sponte by the Copy2 right Claims Officers, and offer responses thereto. 

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

4 limited to the production of relevant information and doc5 uments, written interrogatories, and written requests for 

6 admission, as provided in regulations established by the 

7 Register of Copyrights, except that— 

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

9 cause shown, the Copyright Claims Board may ap10 prove additional relevant discovery, on a limited 

11 basis, in particular matters, and may request spe12 cific information and documents from participants in 

13 the proceeding and voluntary submissions from non14 participants, consistent with the interests of justice; 

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

16 cause shown, the Copyright Claims Board may issue 

17 a protective order to limit the disclosure of docu18 ments or testimony that contain confidential infor19 mation; and 

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

21 to respond, and upon good cause shown, the Copy22 right Claims Board may apply an adverse inference 

23 with respect to disputed facts against a party who 

24 has failed to timely provide discovery materials in 


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1 response to a proper request for materials that could 

2 be relevant to such facts. 

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

4 consider the following types of evidence in a proceeding, 

5 and such evidence may be admitted without application 

6 of formal rules of evidence: 

7 ‘‘(1) Documentary and other nontestimonial 

8 evidence that is relevant to the claims, counter9 claims, or defenses in the proceeding. 

10 ‘‘(2) Testimonial evidence, submitted under 

11 penalty of perjury in written form or in accordance 

12 with subsection (p), limited to statements of the par13 ties and nonexpert witnesses, that is relevant to the 

14 claims, counterclaims, and defenses in a proceeding, 

15 except that, in exceptional cases, expert witness tes16 timony or other types of testimony may be permitted 

17 by the Copyright Claims Board for good cause 

18 shown. 

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

20 conduct a hearing to receive oral presentations on issues 

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

22 including oral testimony, subject to the following: 

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

24 fewer than two of the Copyright Claims Officers. 


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

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

3 be recorded or transcribed as deemed necessary by 

4 the Copyright Claims Board. 

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

6 shall be made available to any Copyright Claims Of7 ficer who is not in attendance. 

8 ‘‘(q) VOLUNTARY DISMISSAL.— 

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

10 of a claimant that is received before a respondent 

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

12 Copyright Claims Board shall dismiss the pro13 ceeding, or a claim or respondent, as requested, 

14 without prejudice. 

15 ‘‘(2) BY COUNTERCLAIMANT.—Upon written re16 quest of a counterclaimant that is received before a 

17 claimant files a response to the counterclaim, the 

18 Copyright Claims Board shall dismiss the counter19 claim, such dismissal to be without prejudice. 

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

21 proceeding before the Copyright Claims Board who 

22 receives notice of a pending or putative class action, 

23 arising out of the same transaction or occurrence, in 

24 which that party is a class member may request in 

25 writing dismissal of the proceeding before the Board. 


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1 Upon notice to all claimants and counterclaimants, 

2 the Copyright Claims Board shall dismiss the pro3 ceeding without prejudice. 

4 ‘‘(r) SETTLEMENT.— 

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

6 proceeding, some or all of the parties may— 

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

8 Copyright Claims Officer for the purpose of fa9 cilitating settlement discussions; or 

10 ‘‘(B) submit to the Copyright Claims 

11 Board an agreement providing for settlement 

12 and dismissal of some or all of the claims and 

13 counterclaims in the proceeding. 

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

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

16 the Copyright Claims Board adopt some or all of the 

17 terms of the parties’ settlement in a final determina18 tion in the proceeding. 

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

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

21 findings based upon a preponderance of the evidence. 

22 ‘‘(t) DETERMINATIONS.— 

23 ‘‘(1) NATURE AND CONTENTS.—A determina24 tion rendered by the Copyright Claims Board in a 

25 proceeding shall— 


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1 ‘‘(A) be reached by a majority of the Copy2 right Claims Board; 

3 ‘‘(B) be in writing, and include an expla4 nation of the factual and legal basis of the de5 termination; 

6 ‘‘(C) set forth any terms by which a re7 spondent or counterclaim respondent has 

8 agreed to cease infringing activity under section 

9 1504(e)(2); 

10 ‘‘(D) to the extent requested under sub11 section (r)(2), set forth the terms of any settle12 ment agreed to under subsection (r)(1); and 

13 ‘‘(E) include a clear statement of all dam14 ages and other relief awarded, including under 

15 subparagraphs (C) and (D). 

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

17 who dissents from a decision contained in a deter18 mination under paragraph (1) may append a state19 ment setting forth the grounds for that dissent. 

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

21 of the Copyright Claims Board shall be made avail22 able on a publicly accessible website. The Register 

23 shall establish regulations with respect to the publi24 cation of other records and information relating to 

25 such determinations, including the redaction of 


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1 records to protect confidential information that is 

2 the subject of a protective order under subsection 

3 (n)(2). 

4 ‘‘(4) FREEDOM OF INFORMATION ACT.—All in5 formation relating to proceedings of the Copyright 

6 Claims Board under this title is exempt from disclo7 sure to the public under section 552(b)(3) of title 5, 

8 except for determinations, records, and information 

9 published under paragraph (3). 

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

11 been deemed an active proceeding but the respondent has 

12 failed to appear or has ceased participating in the pro13 ceeding, as demonstrated by the respondent’s failure, 

14 without justifiable cause, to meet one or more deadlines 

15 or requirements set forth in the schedule adopted by the 

16 Copyright Claims Board under subsection (k), the Copy17 right Claims Board may enter a default determination, in18 cluding the dismissal of any counterclaim asserted by the 

19 respondent, as follows and in accordance with such other 

20 requirements as the Register of Copyrights may establish 

21 by regulation: 

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

23 the claimant to submit relevant evidence and other 

24 information in support of the claimant’s claim and 

25 any asserted damages and, upon review of such eviVerDate Sep 11 2014 20:58 May 03, 2019 Jkt 089200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1273.IS S1273

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1 dence and any other requested submissions from the 

2 claimant, shall determine whether the materials so 

3 submitted are sufficient to support a finding in favor 

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

5 appropriate relief and damages, if any, to be award6 ed. 

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

8 affirmative determination under paragraph (1), the 

9 Copyright Claims Board shall prepare a proposed 

10 default determination, and shall provide written no11 tice to the respondent at all addresses, including 

12 email addresses, reflected in the records of the pro13 ceeding before the Copyright Claims Board, of the 

14 pendency of a default determination by the Copy15 right Claims Board and of the legal significance of 

16 such determination. Such notice shall be accom17 panied by the proposed default determination and 

18 shall provide that the respondent has a period of 30 

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

20 any evidence or other information in opposition to 

21 the proposed default determination. 

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

23 provided under paragraph (2) within the 30-day pe24 riod provided in such paragraph, the Copyright 

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1 sions and, after allowing the other parties to address 

2 such submissions, maintain, or amend its proposed 

3 determination as appropriate, and the resulting de4 termination shall not be a default determination. 

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

6 notice provided under paragraph (2), the Copyright 

7 Claims Board shall proceed to issue the default de8 termination as a final determination. Thereafter, the 

9 respondent may only challenge such determination to 

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

11 that, before any additional proceedings are initiated 

12 under section 1508, the Copyright Claims Board 

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

14 determination. 

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

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

17 claimant fails to complete service on a respondent 

18 within the 90-day period required under subsection 

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

20 respondent from the proceeding without prejudice. If 

21 a claimant fails to complete service on all respond22 ents within that 90-day period, the Copyright Claims 

23 Board shall dismiss the proceeding without preju24 dice. 


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

2 fails to proceed in an active proceeding, as dem3 onstrated by the claimant’s failure, without justifi4 able cause, to meet one or more deadlines or require5 ments set forth in the schedule adopted by the Copy6 right Claims Board under subsection (k), the Copy7 right Claims Board may, upon providing written no8 tice to the claimant and a period of 30 days, begin9 ning on the date of the notice, to respond to the no10 tice, and after considering any such response, issue 

11 a determination dismissing the claimants’ claims, 

12 which shall include an award of attorneys’ fees and 

13 costs, if appropriate, under subsection (y)(2). There14 after, the claimant may only challenge such deter15 mination to the extent permitted under section 

16 1508(c), except that, before any additional pro17 ceedings are initiated under section 1508, the Copy18 right Claims Board may, in the interests of justice, 

19 vacate the determination of dismissal. 

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

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

22 Claims Board issues a final determination in a proceeding 

23 under this chapter, submit a written request for reconsid24 eration of, or an amendment to, such determination if the 

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


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

2 other parties an opportunity to address such request, the 

3 Copyright Claims Board shall either deny the request or 

4 issue an amended final determination. 

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

6 Claims Board denies a party a request for reconsideration 

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

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

9 review of the final determination by the Register of Copy10 rights in accordance with regulations established by the 

11 Register. Such request shall be accompanied by a reason12 able filing fee, as provided in such regulations. The review 

13 by the Register shall be limited to consideration of whether 

14 the Copyright Claims Board abused its discretion in deny15 ing reconsideration of the determination. After providing 

16 the other parties an opportunity to address the request, 

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

18 remand the proceeding to the Copyright Claims Board for 

19 reconsideration of issues specified in the remand and for 

20 issuance of an amended final determination. Such amend21 ed final determination shall not be subject to further con22 sideration or review, other than under section 1508(c). 

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

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1 cation of the accuracy and truthfulness of state2 ments made by participants in proceedings before 

3 the Copyright Claims Board. 

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

5 any other provision of law, in any proceeding in 

6 which a determination is rendered and it is estab7 lished that a party pursued a claim, counterclaim, or 

8 defense for a harassing or other improper purpose, 

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

10 unless inconsistent with the interests of justice, the 

11 Copyright Claims Board shall in such determination 

12 award reasonable attorneys’ fees and costs to any 

13 adversely affected party of in an amount of not more 

14 than $5,000, except that— 

15 ‘‘(A) if an adversely affected party ap16 peared pro se in the proceeding, the award to 

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

18 of not more than $2,500; and 

19 ‘‘(B) in extraordinary circumstances, such 

20 as where a party has demonstrated a pattern or 

21 practice of bad faith conduct as described in 

22 this paragraph, the Copyright Claims Board 

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

24 excess of the limitations under this paragraph. 


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

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

3 month period a party pursued a claim, counterclaim, 

4 or defense before the Copyright Claims Board for a 

5 harassing or other improper purpose, or without a 

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

7 barred from initiating a claim before the Copyright 

8 Claims Board under this chapter for a period of 12 

9 months beginning on the date on which the Board 

10 makes such a finding. Any proceeding commenced 

11 by that party that is still pending before the Board 

12 when such a finding is made shall be dismissed with13 out prejudice, except that if a proceeding has been 

14 deemed active under subsection (i), the proceeding 

15 shall be dismissed under this paragraph only if the 

16 respondent provides written consent thereto. 

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

18 Register of Copyrights shall establish regulations to pro19 vide for the consideration and determination, by at least 

20 one Copyright Claims Officer, of any claim under this 

21 chapter in which total damages sought do not exceed 

22 $5,000 (exclusive of attorneys’ fees and costs). A deter23 mination issued under this subsection shall have the same 

24 effect as a determination issued by the entire Copyright 

25 Claims Board. 


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1 ‘‘§ 1507. Effect of proceeding 

2 ‘‘(a) DETERMINATION.—Subject to the reconsider3 ation and review processes provided under subsections (w) 

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

5 of a final determination by the Copyright Claims Board 

6 in a proceeding, including a default determination or de7 termination based on a failure to prosecute, shall, solely 

8 with respect to the parties to such determination, preclude 

9 relitigation before any court or tribunal, or before the 

10 Copyright Claims Board, of the claims and counterclaims 

11 asserted and finally determined by the Board, and may 

12 be relied upon for such purpose in a future action or pro13 ceeding arising from the same specific activity or activi14 ties, subject to the following: 

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

16 Board shall not preclude litigation or relitigation as 

17 between the same or different parties before any 

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

19 the same or similar issues of fact or law in connec20 tion with claims or counterclaims not asserted or not 

21 finally determined by the Copyright Claims Board. 

22 ‘‘(2) A determination of ownership of a copy23 righted work for purposes of resolving a matter be24 fore the Copyright Claims Board may not be relied 

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


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1 any other action or proceeding before any court or 

2 tribunal, including the Copyright Claims Board. 

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

4 subsection and section 1508, any determination of 

5 the Copyright Claims Board may not be cited or re6 lied upon as legal precedent in any other action or 

7 proceeding before any court or tribunal, including 

8 the Copyright Claims Board. 

9 ‘‘(b) CLASS ACTIONS NOT AFFECTED.— 

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

11 Copyright Claims Board shall not have any effect on 

12 a class action proceeding in a district court of the 

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

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

15 United States. 

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

17 an active proceeding before the Copyright Claims 

18 Board who receives notice of a pending class action, 

19 arising out of the same transaction or occurrence as 

20 the proceeding before the Copyright Claims Board, 

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

22 ‘‘(A) opt out of the class action, in accord23 ance with regulations established by the Reg24 ister of Copyrights; or 


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1 ‘‘(B) seek dismissal under section 

2 1506(q)(3) of the proceeding before the Copy3 right Claims Board. 

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

5 as permitted under this section and section 1508, a sub6 mission or statement of a party or witness made in connec7 tion with a proceeding before the Copyright Claims Board, 

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

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

10 proceeding concerning rights or limitations on rights 

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

12 Copyright Claims Board. 

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

14 or counterclaim before the Copyright Claims Board that 

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

16 1504, or brought under subsection (c)(6) of section 1504 

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

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

19 order to restrain a subscriber from engaging in infringing 

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

21 ‘‘(1) notice of the commencement of the Copy22 right Claims Board proceeding is provided by the 

23 claimant to the service provider’s designated agent 

24 before the service provider replaces the material folVerDate Sep 11 2014 20:58 May 03, 2019 Jkt 089200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1273.IS S1273

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1 lowing receipt of a counter notification under section 

2 512(g); and 

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

4 the material identified in the notification of claimed 

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

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

7 failure or inability to assert a counterclaim in a proceeding 

8 before the Copyright Claims Board shall not preclude the 

9 assertion of that counterclaim in a subsequent court action 

10 or proceeding before the Copyright Claims Board. 

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

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

13 or is dismissed from a proceeding before the Copyright 

14 Claims Board issues a final determination in the pro15 ceeding, the determination shall not be binding upon and 

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

17 ‘‘§ 1508. Review and confirmation by district court 

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

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

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

21 of the Copyright Claims Board, including a default deter22 mination or a determination based on a failure to pros23 ecute, the aggrieved party may, not later than 1 year after 

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

25 reconsideration by the Copyright Claims Board or review 


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

2 final determination is issued, whichever occurs last, apply 

3 to the United States District Court for the District of Co4 lumbia or any other appropriate district court of the 

5 United States for an order confirming the relief awarded 

6 in the final determination and reducing such award to 

7 judgment. The court shall grant such order and direct 

8 entry of judgment unless the determination is or has been 

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

10 United States District Court for the District of Columbia 

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

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

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

14 party who failed to pay damages or otherwise comply with 

15 the relief, the reasonable expenses required to secure such 

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

17 aggrieved party. 

18 ‘‘(b) FILING PROCEDURES.— 

19 ‘‘(1) APPLICATION TO CONFIRM DETERMINA20 TION.—Notice of the application under subsection 

21 (a) for confirmation of a determination of the Copy22 right Claims Board and entry of judgment shall be 

23 provided to all parties to the proceeding before the 

24 Copyright Claims Board that resulted in the deter25 mination, in accordance with the procedures applicaVerDate Sep 11 2014 20:58 May 03, 2019 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1273.IS S1273

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1 ble to service of a motion in the district court of the 

2 United States where the application is made. 

3 ‘‘(2) CONTENTS OF APPLICATION.—The appli4 cation shall include the following: 

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

6 amended final determination of the Copyright 

7 Claims Board, as reflected in the records of the 

8 Copyright Claims Board, following any process 

9 of reconsideration or review by the Register of 

10 Copyrights, to be confirmed and rendered to 

11 judgment. 

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

13 penalty of perjury— 

14 ‘‘(i) that the copy is a true and cor15 rect copy of such determination; 

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

17 ‘‘(iii) stating the basis for the chal18 lenge under subsection (c)(1); and 

19 ‘‘(iv) stating whether the applicant is 

20 aware of any other proceedings before the 

21 court concerning the same determination 

22 of the Copyright Claims Board. 

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

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

25 90 days after the date on which Copyright Claims 


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1 Board issues a final or amended final determination 

2 in a proceeding, or not later than 90 days after the 

3 date on which the Register of Copyrights completes 

4 any process of reconsideration or review of the deter5 mination, whichever occurs later, a party may seek 

6 a court order vacating, modifying, or correcting the 

7 determination of the Copyright Claims Board in the 

8 following cases: 

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

10 result of fraud, corruption, misrepresentation, 

11 or other misconduct. 

12 ‘‘(B) If the Copyright Claims Board ex13 ceeded its authority or failed to render a final 

14 determination concerning the subject matter at 

15 issue. 

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

17 or determination based on a failure to pros18 ecute, if it is established that the default or fail19 ure was due to excusable neglect. 

20 ‘‘(2) PROCEDURE TO CHALLENGE.— 

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

22 the application to challenge a determination of 

23 the Copyright Claims Board shall be provided 

24 to all parties to the proceeding before the Copy25 right Claims Board, in accordance with the proVerDate Sep 11 2014 20:58 May 03, 2019 Jkt 089200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1273.IS S1273

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1 cedures applicable to service of a motion in the 

2 court where the application is made. 

3 ‘‘(B) STAYING OF PROCEEDINGS.—For 

4 purposes of an application under this sub5 section, any judge who is authorized to issue an 

6 order to stay the proceedings in an any other 

7 action brought in the same court may issue an 

8 order, to be served with the notice of applica9 tion, staying proceedings to enforce the award 

10 while the challenge is pending. 

11 ‘‘§ 1509. Relationship to other district court actions 

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

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

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

15 as the court determines appropriate with respect to any 

16 claim brought before the court that is already the subject 

17 of a pending or active proceeding before the Copyright 

18 Claims Board. 

19 ‘‘(b) ALTERNATIVE DISPUTE RESOLUTION PROC20 ESS.—A proceeding before the Copyright Claims Board 

21 under this chapter shall qualify as an alternative dispute 

22 resolution process under section 651 of title 28 for pur23 poses of referral of eligible cases by district courts of the 

24 United States upon the consent of the parties. 


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1 ‘‘§ 1510. Implementation by Copyright Office 

2 ‘‘(a) REGULATIONS.— 

3 ‘‘(1) IMPLEMENTATION GENERALLY.—The Reg4 ister of Copyrights shall establish regulations to 

5 carry out this chapter. Such regulations shall include 

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

7 section 1506. The authority to issue such fees shall 

8 not limit the authority of the Register of Copyrights 

9 to establish fees for services under section 708. All 

10 fees received by the Copyright Office in connection 

11 with the activities under this chapter shall be depos12 ited by the Register of Copyrights and credited to 

13 the appropriations for necessary expenses of the Of14 fice in accordance with section 708(d). In estab15 lishing regulations under this subsection, the Reg16 ister of Copyrights shall provide for the efficient ad17 ministration of the Copyright Claims Board, and for 

18 the ability of the Copyright Claims Board to timely 

19 complete proceedings instituted under this chapter, 

20 including by implementing mechanisms to prevent 

21 harassing or improper use of the Copyright Claims 

22 Board by any party. 

23 ‘‘(2) LIMITS ON MONETARY RELIEF.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), the Register of Copyrights may, in 

26 order to further the goals of the Copyright 


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1 Claims Board, conduct a rulemaking to adjust 

2 the limits on monetary recovery or attorneys’ 

3 fees and costs that may be awarded under this 

4 chapter. 

5 ‘‘(B) EFFECTIVE DATE OF ADJUST6 MENT.—Any rule under subparagraph (A) that 

7 makes an adjustment shall take effect at the 

8 end of the 120-day period beginning on the 

9 date on which the Register of Copyrights sub10 mits the rule to Congress and only if Congress 

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

12 law that provides in substance that Congress 

13 does not approve the rule. 

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

15 law, the Register of Copyrights may retain outside vendors 

16 to establish internet-based, teleconferencing, and other fa17 cilities required to operate the Copyright Claims Board. 

18 ‘‘(c) FEES.—Any filing fees, including the fee to com19 mence a proceeding under section 1506(e), shall be pre20 scribed in regulations established by the Register of Copy21 rights. The sum total of such filing fees shall be in an 

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

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

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

25 Claims Board. 


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1 ‘‘§ 1511. Funding 

2 ‘‘There are authorized to be appropriated such sums 

3 as may be necessary to pay the costs incurred by the Copy4 right Office under this chapter that are not covered by 

5 fees collected for services rendered under this chapter, in6 cluding the costs of establishing and maintaining the 

7 Copyright Claims Board and its facilities.’’. 

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

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

10 after the item relating to chapter 14 the following: 

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

11 SEC. 3. IMPLEMENTATION. 

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

13 Act, the Copyright Claims Board established under section 

14 1502 of title 17, United States Code, as added by section 

15 2 of this Act, shall begin operations. 

16 SEC. 4. STUDY. 

17 Not later than 3 years after the date on which Copy18 right Claims Board issues the first determination of the 

19 Copyright Claims Board under chapter 15 of title 17, 

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

21 the Register of Copyrights shall conduct, and report to 

22 Congress on, a study that addresses the following: 

23 (1) The use and efficacy of the Copyright 

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1 ing the number of proceedings the Copyright Claims 

2 Board could reasonably administer. 

3 (2) Whether adjustments to the authority of the 

4 Copyright Claims Board are necessary or advisable, 

5 including with respect to— 

6 (A) eligible claims, such as claims under 

7 section 1202 of title 17, United States Code; 

8 and 

9 (B) works and applicable damages limita10 tions. 

11 (3) Whether greater allowance should be made 

12 to permit awards of attorneys’ fees and costs to pre13 vailing parties, including potential limitations on 

14 such awards. 

15 (4) Potential mechanisms to assist copyright 

16 owners with small claims in ascertaining the identity 

17 and location of unknown online infringers. 

18 (5) Whether the Copyright Claims Board 

19 should be expanded to offer mediation or other non20 binding alternative dispute resolution services to in21 terested parties. 

22 (6) Such other matters as the Register of Copy23 rights believes may be pertinent concerning the 

24 Copyright Claims Board. 


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1 SEC. 5. SEVERABILITY. 

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

3 this Act, or the application of such provision or amend4 ment to any person or circumstance is held to be unconsti5 tutional, the remainder of this Act and the amendments 

6 made by this Act, and the application of the provision or 

7 the amendment to any other person or circumstance, shall 

8 not be affected. 

Æ 


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