H. R. 133—994 
(2) BANKING REGULATOR.—The term ‘‘banking regulator’’ 
means the Board of Governors of the Federal Reserve System, 
the Comptroller of the Currency, the Federal Deposit Insurance 
Corporation, and the National Credit Union Administration. 
(3) SENIOR
APPOINTED
LEADERSHIP.—With respect to a 
banking regulator, the term ‘‘senior appointed leadership’’ 
means a position that requires Senate confirmation. 
(e) SUNSET.—The provisions of this section shall have no force 
or effect on or after the date that is 7 years after the date of 
enactment of this Act. 
TITLE II—INTELLECTUAL PROPERTY 
Subtitle A—Copyrights 
SEC. 211. UNAUTHORIZED STREAMING. 
(a) AMENDMENT.—Chapter 113 of title 18, United States Code, 
is amended by inserting after section 2319B the following: 
‘‘§ 2319C. Illicit digital transmission services 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the terms ‘audiovisual work’, ‘computer program’, 
‘copies’, ‘copyright owner’, ‘digital transmission’, ‘financial gain’, 
‘motion picture’, ‘motion picture exhibition facility’, ‘perform’, 
‘phonorecords’, ‘publicly’ (with respect to performing a work), 
‘sound recording’, and ‘transmit’ have the meanings given those 
terms in section 101 of title 17; 
‘‘(2) the term ‘digital transmission service’ means a service 
that has the primary purpose of publicly performing works 
by digital transmission; 
‘‘(3) the terms ‘publicly perform’ and ‘public performance’ 
refer to the exclusive rights of a copyright owner under para-
graphs (4) and (6) of section 106 (relating to exclusive rights 
in copyrighted works) of title 17, as limited by sections 107 
through 122 of title 17; and 
‘‘(4) the term ‘work being prepared for commercial public 
performance’ means— 
‘‘(A) a computer program, a musical work, a motion 
picture or other audiovisual work, or a sound recording, 
if, at the time of unauthorized public performance— 
‘‘(i) the copyright owner has a reasonable expecta-
tion of commercial public performance; and 
‘‘(ii) the copies or phonorecords of the work have 
not been commercially publicly performed in the United 
States by or with the authorization of the copyright 
owner; or 
‘‘(B) a motion picture, if, at the time of unauthorized 
public performance, the motion picture— 
‘‘(i)(I) has been made available for viewing in a 
motion picture exhibition facility; and 
‘‘(II) has not been made available in copies for 
sale to the general public in the United States by 
or with the authorization of the copyright owner in 
a format intended to permit viewing outside a motion 
picture exhibition facility; or
H. R. 133—995 
‘‘(ii) had not been commercially publicly performed 
in the United States by or with the authorization of 
the copyright owner more than 24 hours before the 
unauthorized public performance. 
‘‘(b) PROHIBITED ACT.—It shall be unlawful for a person to 
willfully, and for purposes of commercial advantage or private finan-
cial gain, offer or provide to the public a digital transmission 
service that— 
‘‘(1) is primarily designed or provided for the purpose of 
publicly performing works protected under title 17 by means 
of a digital transmission without the authority of the copyright 
owner or the law; 
‘‘(2) has no commercially significant purpose or use other 
than to publicly perform works protected under title 17 by 
means of a digital transmission without the authority of the 
copyright owner or the law; or 
‘‘(3) is intentionally marketed by or at the direction of 
that person to promote its use in publicly performing works 
protected under title 17 by means of a digital transmission 
without the authority of the copyright owner or the law. 
‘‘(c) PENALTIES.—Any person who violates subsection (b) shall 
be, in addition to any penalties provided for under title 17 or 
any other law— 
‘‘(1) fined under this title, imprisoned not more than 3 
years, or both; 
‘‘(2) fined under this title, imprisoned not more than 5 
years, or both, if— 
‘‘(A) the offense was committed in connection with 1 
or more works being prepared for commercial public 
performance; and 
‘‘(B) the person knew or should have known that the 
work was being prepared for commercial public perform-
ance; and 
‘‘(3) fined under this title, imprisoned not more than 10 
years, or both, if the offense is a second or subsequent offense 
under this section or section 2319(a). 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to— 
‘‘(1) affect the interpretation of any other provision of civil 
copyright law, including the limitations of liability set forth 
in section 512 of title 17, or principles of secondary liability; 
or 
‘‘(2) prevent any Federal or State authority from enforcing 
cable theft or theft of service laws that are not subject to 
preemption under section 301 of title 17.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of section for 
chapter 113 of title 18, United States Code, is amended by inserting 
after the item relating to section 2319B the following: 
‘‘2319C. Illicit digital transmission services.’’. 
SEC. 212. COPYRIGHT SMALL CLAIMS. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Copyright 
Alternative in Small-Claims Enforcement Act of 2020’’ or the ‘‘CASE 
Act of 2020’’. 
(b) AMENDMENT.—Title 17, United States Code, is amended 
by adding at the end the following:
H. R. 133—996 
‘‘CHAPTER 15—COPYRIGHT SMALL 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. 
‘‘§ 1501. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘claimant’ means the real party in interest 
that commences a proceeding before the Copyright Claims 
Board under section 1506(e), pursuant to a permissible claim 
of infringement brought under section 1504(c)(1), noninfringe-
ment brought under section 1504(c)(2), or misrepresentation 
brought under section 1504(c)(3); 
‘‘(2) the term ‘counterclaimant’ means a respondent in a 
proceeding before the Copyright Claims Board that— 
‘‘(A) asserts a permissible counterclaim under section 
1504(c)(4) against the claimant in the proceeding; and 
‘‘(B) is the real party in interest with respect to the 
counterclaim described in subparagraph (A); 
‘‘(3) the term ‘party’— 
‘‘(A) means a party; and 
‘‘(B) includes the attorney of a party, as applicable; 
and 
‘‘(4) the term ‘respondent’ means any person against whom 
a proceeding is brought before the Copyright Claims Board 
under section 1506(e), pursuant to a permissible claim of 
infringement brought under section 1504(c)(1), noninfringement 
brought under section 1504(c)(2), or misrepresentation brought 
under section 1504(c)(3). 
‘‘§ 1502. Copyright Claims Board 
‘‘(a) IN GENERAL.—There is established in the Copyright Office 
the Copyright Claims Board, which shall serve as an alternative 
forum in which parties may voluntarily seek to resolve certain 
copyright claims regarding any category of copyrighted work, as 
provided in this chapter. 
‘‘(b) OFFICERS AND STAFF.— 
‘‘(1) COPYRIGHT CLAIMS OFFICERS.—The Register of Copy-
rights shall recommend 3 full-time Copyright Claims Officers 
to serve on the Copyright Claims Board in accordance with 
paragraph (3)(A). The Officers shall be appointed by the 
Librarian of Congress to such positions after consultation with 
the Register of Copyrights. 
‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.—The Register of Copy-
rights shall hire not fewer than 2 full-time Copyright Claims 
Attorneys to assist in the administration of the Copyright 
Claims Board. 
‘‘(3) QUALIFICATIONS.— 
‘‘(A) COPYRIGHT CLAIMS OFFICERS.—
H. R. 133—997 
‘‘(i) IN GENERAL.—Each Copyright Claims Officer 
shall be an attorney who has not fewer than 7 years 
of legal experience. 
‘‘(ii) EXPERIENCE.—Two of the Copyright Claims 
Officers shall— 
‘‘(I) have substantial experience in the evalua-
tion, litigation, or adjudication of copyright 
infringement claims; and 
‘‘(II) between those 2 Officers, have rep-
resented or presided over a diversity of copyright 
interests, including those of both owners and users 
of copyrighted works. 
‘‘(iii) ALTERNATIVE
DISPUTE
RESOLUTION.—The 
Copyright Claims Officer not described in clause (ii) 
shall have substantial familiarity with copyright law 
and experience in the field of alternative dispute reso-
lution, including the resolution of litigation matters 
through that method of resolution. 
‘‘(B) COPYRIGHT CLAIMS ATTORNEYS.—Each Copyright 
Claims Attorney shall be an attorney who has not fewer 
than 3 years of substantial experience in copyright law. 
‘‘(4) COMPENSATION.— 
‘‘(A) COPYRIGHT CLAIMS OFFICERS.— 
‘‘(i) DEFINITION.—In this subparagraph, the term 
‘senior level employee of the Federal Government’ 
means an employee, other than an employee in the 
Senior Executive Service, the position of whom is 
classified above GS–15 of the General Schedule. 
‘‘(ii) PAY RANGE.—Each Copyright Claims Officer 
shall be compensated at a rate of pay that is not 
less than the minimum, and not more than the max-
imum, rate of pay payable for senior level employees 
of the Federal Government, including locality pay, as 
applicable. 
‘‘(B) COPYRIGHT CLAIMS ATTORNEYS.—Each Copyright 
Claims Attorney shall be compensated at a rate of pay 
that is not more than the maximum rate of pay payable 
for level 10 of GS–15 of the General Schedule, including 
locality pay, as applicable. 
‘‘(5) TERMS.— 
‘‘(A) IN
GENERAL.—Subject to subparagraph (B), a 
Copyright Claims Officer shall serve for a renewable term 
of 6 years. 
‘‘(B) INITIAL TERMS.—The terms for the first Copyright 
Claims Officers appointed under this chapter shall be as 
follows: 
‘‘(i) The first such Copyright Claims Officer 
appointed shall be appointed for a term of 4 years. 
‘‘(ii) 
The 
second 
Copyright 
Claims 
Officer 
appointed shall be appointed for a term of 5 years. 
‘‘(iii) The third Copyright Claims Officer appointed 
shall be appointed for a term of 6 years. 
‘‘(6) VACANCIES AND INCAPACITY.— 
‘‘(A) VACANCY.— 
‘‘(i) IN GENERAL.—If a vacancy occurs in the posi-
tion of a Copyright Claims Officer, the Librarian of 
Congress shall, upon the recommendation of, and in
H. R. 133—998 
consultation with, the Register of Copyrights, act 
expeditiously to appoint a Copyright Claims Officer 
for that position. 
‘‘(ii) VACANCY BEFORE EXPIRATION.—An individual 
appointed to fill a vacancy occurring before the expira-
tion of the term for which the predecessor of the indi-
vidual was appointed shall be appointed to serve a 
6-year term. 
‘‘(B) INCAPACITY.—If a Copyright Claims Officer is 
temporarily unable to perform the duties of the Officer, 
the Librarian of Congress shall, upon recommendation of, 
and in consultation with, the Register of Copyrights, act 
expeditiously to appoint an interim Copyright Claims 
Officer to perform such duties during the period of such 
incapacity. 
‘‘(7) SANCTION OR REMOVAL.—Subject to section 1503(b), 
the Librarian of Congress may sanction or remove a Copyright 
Claims Officer. 
‘‘(8) ADMINISTRATIVE SUPPORT.—The Register of Copyrights 
shall provide the Copyright Claims Officers and Copyright 
Claims Attorneys with necessary administrative support, 
including technological facilities, to carry out the duties of 
the Officers and Attorneys under this chapter. 
‘‘(9) LOCATION OF COPYRIGHT CLAIMS BOARD.—The offices 
and facilities of the Copyright Claims Officers and Copyright 
Claims Attorneys shall be located at the Copyright Office. 
‘‘§ 1503. Authority and duties of the Copyright Claims Board 
‘‘(a) FUNCTIONS.— 
‘‘(1) COPYRIGHT CLAIMS OFFICERS.—Subject to the provisions 
of this chapter and applicable regulations, the functions of 
the Copyright Claims Officers shall be as follows: 
‘‘(A) To render determinations on the civil copyright 
claims, counterclaims, and defenses that may be brought 
before the Officers under this chapter. 
‘‘(B) To ensure that claims, counterclaims, and defenses 
are properly asserted and otherwise appropriate for resolu-
tion by the Copyright Claims Board. 
‘‘(C) To manage the proceedings before the Officers 
and render rulings pertaining to the consideration of 
claims, counterclaims, and defenses, including with respect 
to scheduling, discovery, evidentiary, and other matters. 
‘‘(D) To request, from participants and nonparticipants 
in a proceeding, the production of information and docu-
ments relevant to the resolution of a claim, counterclaim, 
or defense. 
‘‘(E) To conduct hearings and conferences. 
‘‘(F) To facilitate the settlement by the parties of claims 
and counterclaims. 
‘‘(G) To— 
‘‘(i) award monetary relief; and 
‘‘(ii) include in the determinations of the Officers 
a requirement that certain activities under section 
1504(e)(2) cease or be mitigated, if the party to under-
take the applicable measure has so agreed.
H. R. 133—1000 
‘‘(c) DIRECTION BY REGISTER.—Subject to subsection (b), the 
Copyright Claims Officers and Copyright Claims Attorneys shall, 
in the administration of their duties, be under the general direction 
of the Register of Copyrights. 
‘‘(d) INCONSISTENT
DUTIES
BARRED.—A Copyright Claims 
Officer or Copyright Claims Attorney may not undertake any duty 
that conflicts with the duties of the Officer or Attorney in connection 
with the Copyright Claims Board. 
‘‘(e) RECUSAL.—A Copyright Claims Officer or Copyright Claims 
Attorney shall recuse himself or herself from participation in any 
proceeding with respect to which the Copyright Claims Officer 
or Copyright Claims Attorney, as the case may be, has reason 
to believe that he or she has a conflict of interest. 
‘‘(f) EX PARTE COMMUNICATIONS.—Except as may otherwise 
be permitted by applicable law, any party to a proceeding before 
the Copyright Claims Board shall refrain from ex parte communica-
tions with the Copyright Claims Officers and the Register of Copy-
rights concerning the substance of any active or pending proceeding 
before the Copyright Claims Board. 
‘‘(g) JUDICIAL REVIEW.—Actions of the Copyright Claims Offi-
cers and Register of Copyrights under this chapter in connection 
with the rendering of any determination are subject to judicial 
review as provided under section 1508(c) and not under chapter 
7 of title 5. 
‘‘§ 1504. Nature of proceedings 
‘‘(a) VOLUNTARY PARTICIPATION.—Participation in a Copyright 
Claims Board proceeding shall be on a voluntary basis in accordance 
with this chapter, and the right of any party to instead pursue 
a claim, counterclaim, or defense in a district court of the United 
States, any other court, or any other forum, and to seek a jury 
trial, shall be preserved. The rights, remedies, and limitations under 
this section may not be waived except in accordance with this 
chapter. 
‘‘(b) STATUTE OF LIMITATIONS.— 
‘‘(1) IN GENERAL.—A proceeding may not be maintained 
before the Copyright Claims Board unless the proceeding is 
commenced, in accordance with section 1506(e), before the Copy-
right Claims Board not later than 3 years after the claim 
accrued. 
‘‘(2) TOLLING.—Subject to section 1507(a), a proceeding com-
menced before the Copyright Claims Board shall toll the time 
permitted under section 507(b) for the commencement of an 
action on the same claim in a district court of the United 
States during the period in which the proceeding is pending. 
‘‘(c) PERMISSIBLE CLAIMS, COUNTERCLAIMS, AND DEFENSES.— 
The Copyright Claims Board may render determinations with 
respect to the following claims, counterclaims, and defenses, subject 
to such further limitations and requirements, including with respect 
to particular classes of works, as may be set forth in regulations 
established by the Register of Copyrights: 
‘‘(1) A claim for infringement of an exclusive right in a 
copyrighted work provided under section 106 by the legal or 
beneficial owner of the exclusive right at the time of the 
infringement for which the claimant seeks damages, if any, 
within the limitations set forth in subsection (e)(1).
H. R. 133—1001 
‘‘(2) A claim for a declaration of noninfringement of an 
exclusive right in a copyrighted work provided under section 
106, consistent with section 2201 of title 28. 
‘‘(3) A claim under section 512(f) for misrepresentation 
in connection with a notification of claimed infringement or 
a counter notification seeking to replace removed or disabled 
material, except that any remedies relating to such a claim 
in a proceeding before the Copyright Claims Board shall be 
limited to those available under this chapter. 
‘‘(4) A counterclaim that is asserted solely against the 
claimant in a proceeding— 
‘‘(A) pursuant to which the counterclaimant seeks dam-
ages, if any, within the limitations set forth in subsection 
(e)(1); and 
‘‘(B) that— 
‘‘(i) arises under section 106 or section 512(f) and 
out of the same transaction or occurrence that is the 
subject of a claim of infringement brought under para-
graph (1), a claim of noninfringement brought under 
paragraph (2), or a claim of misrepresentation brought 
under paragraph (3); or 
‘‘(ii) arises under an agreement pertaining to the 
same transaction or occurrence that is the subject of 
a claim of infringement brought under paragraph (1), 
if the agreement could affect the relief awarded to 
the claimant. 
‘‘(5) A legal or equitable defense under this title or other-
wise available under law, in response to a claim or counterclaim 
asserted under this subsection. 
‘‘(6) A single claim or multiple claims permitted under 
paragraph (1), (2), or (3) by 1 or more claimants against 1 
or more respondents, but only if all claims asserted in any 
1 proceeding arise out of the same allegedly infringing activity 
or continuous course of infringing activities and do not, in 
the aggregate, result in the recovery of such claim or claims 
for damages that exceed the limitations under subsection (e)(1). 
‘‘(d) EXCLUDED CLAIMS.—The following claims and counter-
claims are not subject to determination by the Copyright Claims 
Board: 
‘‘(1) A claim or counterclaim that is not a permissible 
claim or counterclaim under subsection (c). 
‘‘(2) A claim or counterclaim that has been finally adju-
dicated by a court of competent jurisdiction or that is pending 
before a court of competent jurisdiction, unless that court has 
granted a stay to permit that claim or counterclaim to proceed 
before the Copyright Claims Board. 
‘‘(3) A claim or counterclaim by or against a Federal or 
State governmental entity. 
‘‘(4) A claim or counterclaim asserted against a person 
or entity residing outside of the United States, except in a 
case in which the person or entity initiated the proceeding 
before the Copyright Claims Board and is subject to counter-
claims under this chapter. 
‘‘(e) PERMISSIBLE REMEDIES.— 
‘‘(1) MONETARY RECOVERY.— 
‘‘(A) ACTUAL DAMAGES, PROFITS, AND STATUTORY DAM-
AGES
FOR
INFRINGEMENT.—With respect to a claim or
H. R. 133—1002 
counterclaim for infringement of copyright, and subject to 
the limitation on total monetary recovery under subpara-
graph (D), the Copyright Claims Board may award either 
of the following: 
‘‘(i) Actual damages and profits determined in 
accordance with section 504(b), with that award taking 
into consideration, in appropriate cases, whether the 
infringing party has agreed to cease or mitigate the 
infringing activity under paragraph (2). 
‘‘(ii) Statutory damages, which shall be determined 
in accordance with section 504(c), subject to the fol-
lowing conditions: 
‘‘(I) With respect to works timely registered 
under section 412, so that the works are eligible 
for an award of statutory damages in accordance 
with that section, the statutory damages may not 
exceed $15,000 for each work infringed. 
‘‘(II) With respect to works not timely reg-
istered under section 412, but eligible for an award 
of statutory damages under this section, statutory 
damages may not exceed $7,500 per work 
infringed, or a total of $15,000 in any 1 proceeding. 
‘‘(III) The Copyright Claims Board may not 
make any finding that, or consider whether, the 
infringement was committed willfully in making 
an award of statutory damages. 
‘‘(IV) The Copyright Claims Board may con-
sider, as an additional factor in awarding statutory 
damages, whether the infringer has agreed to 
cease or mitigate the infringing activity under 
paragraph (2). 
‘‘(B) ELECTION OF DAMAGES.—With respect to a claim 
or counterclaim of infringement, at any time before final 
determination is rendered, and notwithstanding the 
schedule established by the Copyright Claims Board under 
section 1506(k), the claimant or counterclaimant shall 
elect— 
‘‘(i) to recover actual damages and profits or statu-
tory damages under subparagraph (A); or 
‘‘(ii) not to recover damages. 
‘‘(C) DAMAGES FOR OTHER CLAIMS.—Damages for claims 
and counterclaims other than infringement claims, such 
as those brought under section 512(f), shall be subject 
to the limitation under subparagraph (D). 
‘‘(D) LIMITATION ON TOTAL MONETARY RECOVERY.—Not-
withstanding any other provision of law, a party that pur-
sues any 1 or more claims or counterclaims in any single 
proceeding before the Copyright Claims Board may not 
seek or recover in that proceeding a total monetary recovery 
that exceeds the sum of $30,000, exclusive of any attorneys’ 
fees and costs that may be awarded under section 
1506(y)(2). 
‘‘(2) AGREEMENT TO CEASE CERTAIN ACTIVITY.—In a deter-
mination of the Copyright Claims Board, the Board shall 
include a requirement to cease conduct if, in the proceeding 
relating to the determination— 
‘‘(A) a party agrees—
H. R. 133—1003 
‘‘(i) to cease activity that is found to be infringing, 
including 
removing 
or 
disabling 
access 
to, 
or 
destroying, infringing materials; or 
‘‘(ii) to cease sending a takedown notice or counter 
notice under section 512 to the other party regarding 
the conduct at issue before the Board if that notice 
or counter notice was found to be a knowing material 
misrepresentation under section 512(f); and 
‘‘(B) the agreement described in subparagraph (A) is 
reflected in the record for the proceeding. 
‘‘(3) ATTORNEYS’ FEES AND COSTS.—Notwithstanding any 
other provision of law, except in the case of bad faith conduct 
as provided in section 1506(y)(2), the parties to proceedings 
before the Copyright Claims Board shall bear their own attor-
neys’ fees and costs. 
‘‘(f) JOINT AND SEVERAL LIABILITY.—Parties to a proceeding 
before the Copyright Claims Board may be found jointly and sever-
ally liable if all such parties and relevant claims or counterclaims 
arise from the same activity or activities. 
‘‘(g) PERMISSIBLE NUMBER OF CASES.—The Register of Copy-
rights may establish regulations relating to the permitted number 
of proceedings each year by the same claimant under this chapter, 
in the interests of justice and the administration of the Copyright 
Claims Board. 
‘‘§ 1505. Registration requirement 
‘‘(a) APPLICATION OR CERTIFICATE.—A claim or counterclaim 
alleging infringement of an exclusive right in a copyrighted work 
may not be asserted before the Copyright Claims Board unless— 
‘‘(1) the legal or beneficial owner of the copyright has 
first delivered a completed application, a deposit, and the 
required fee for registration of the copyright to the Copyright 
Office; and 
‘‘(2) a registration certificate has either been issued or 
has not been refused. 
‘‘(b) CERTIFICATE
OF
REGISTRATION.—Notwithstanding any 
other provision of law, a claimant or counterclaimant in a pro-
ceeding before the Copyright Claims Board shall be eligible to 
recover actual damages and profits or statutory damages under 
this chapter for infringement of a work if the requirements of 
subsection (a) have been met, except that— 
‘‘(1) the Copyright Claims Board may not render a deter-
mination in the proceeding until— 
‘‘(A) a registration certificate with respect to the work 
has been issued by the Copyright Office, submitted to the 
Copyright Claims Board, and made available to the other 
parties to the proceeding; and 
‘‘(B) the other parties to the proceeding have been 
provided an opportunity to address the registration certifi-
cate; 
‘‘(2) if the proceeding may not proceed further because 
a registration certificate for the work is pending, the proceeding 
shall be held in abeyance pending submission of the certificate 
to the Copyright Claims Board, except that, if the proceeding 
is held in abeyance for more than 1 year, the Copyright Claims 
Board may, upon providing written notice to the parties to
H. R. 133—1004 
the proceeding, and 30 days to the parties to respond to the 
notice, dismiss the proceeding without prejudice; and 
‘‘(3) if the Copyright Claims Board receives notice that 
registration with respect to the work has been refused, the 
proceeding shall be dismissed without prejudice. 
‘‘(c) PRESUMPTION.—In a case in which a registration certificate 
shows that registration with respect to a work was issued not 
later than 5 years after the date of the first publication of the 
work, the presumption under section 410(c) shall apply in a pro-
ceeding before the Copyright Claims Board, in addition to relevant 
principles of law under this title. 
‘‘(d) REGULATIONS.—In order to ensure that actions before the 
Copyright Claims Board proceed in a timely manner, the Register 
of Copyrights shall establish regulations allowing the Copyright 
Office to make a decision, on an expedited basis, to issue or deny 
copyright registration for an unregistered work that is at issue 
before the Board. 
‘‘§ 1506. Conduct of proceedings 
‘‘(a) IN GENERAL.— 
‘‘(1) APPLICABLE LAW.—Proceedings of the Copyright Claims 
Board shall be conducted in accordance with this chapter and 
regulations established by the Register of Copyrights under 
this chapter, in addition to relevant principles of law under 
this title. 
‘‘(2) CONFLICTING PRECEDENT.—If it appears that there may 
be conflicting judicial precedent on an issue of substantive 
copyright law that cannot be reconciled, the Copyright Claims 
Board shall follow the law of the Federal jurisdiction in which 
the action could have been brought if filed in a district court 
of the United States, or, if the action could have been brought 
in more than 1 such jurisdiction, the jurisdiction that the 
Copyright Claims Board determines has the most significant 
ties to the parties and conduct at issue. 
‘‘(b) RECORD.—The Copyright Claims Board shall maintain 
records documenting the proceedings before the Board. 
‘‘(c) CENTRALIZED PROCESS.—Proceedings before the Copyright 
Claims Board shall— 
‘‘(1) be conducted at the offices of the Copyright Claims 
Board without the requirement of in-person appearances by 
parties or others; and 
‘‘(2) take place by means of written submissions, hearings, 
and conferences carried out through internet-based applications 
and other telecommunications facilities, except that, in cases 
in which physical or other nontestimonial evidence material 
to a proceeding cannot be furnished to the Copyright Claims 
Board through available telecommunications facilities, the 
Copyright Claims Board may make alternative arrangements 
for the submission of such evidence that do not prejudice any 
other party to the proceeding. 
‘‘(d) REPRESENTATION.—A party to a proceeding before the Copy-
right Claims Board may be, but is not required to be, represented 
by— 
‘‘(1) an attorney; or 
‘‘(2) a law student who is qualified under applicable law 
governing representation by law students of parties in legal
H. R. 133—1005 
proceedings and who provides such representation on a pro 
bono basis. 
‘‘(e) COMMENCEMENT OF PROCEEDING.—In order to commence 
a proceeding under this chapter, a claimant shall, subject to such 
additional requirements as may be prescribed in regulations estab-
lished by the Register of Copyrights, file a claim with the Copyright 
Claims Board, that— 
‘‘(1) includes a statement of material facts in support of 
the claim; 
‘‘(2) is certified under subsection (y)(1); and 
‘‘(3) is accompanied by a filing fee in such amount as 
may be prescribed in regulations established by the Register 
of Copyrights. 
‘‘(f) REVIEW OF CLAIMS AND COUNTERCLAIMS.— 
‘‘(1) CLAIMS.—Upon the filing of a claim under subsection 
(e), the claim shall be reviewed by a Copyright Claims Attorney 
to ensure that the claim complies with this chapter and 
applicable regulations, subject to the following: 
‘‘(A) If the claim is found to comply, the claimant 
shall be notified regarding that compliance and instructed 
to proceed with service of the claim under subsection (g). 
‘‘(B) If the claim is found not to comply, the claimant 
shall be notified that the claim is deficient and be permitted 
to file an amended claim not later than 30 days after 
the date on which the claimant receives the notice, without 
the requirement of an additional filing fee. If the claimant 
files a compliant claim within that 30-day period, the claim-
ant shall be so notified and be instructed to proceed with 
service of the claim. If the claim is refiled within that 
30-day period and still fails to comply, the claimant shall 
again be notified that the claim is deficient and shall 
be provided a second opportunity to amend the claim not 
later than 30 days after the date of that second notice, 
without the requirement of an additional filing fee. If the 
claim is refiled again within that second 30-day period 
and is compliant, the claimant shall be so notified and 
shall be instructed to proceed with service of the claim, 
but if the claim still fails to comply, upon confirmation 
of such noncompliance by a Copyright Claims Officer, the 
proceeding shall be dismissed without prejudice. The Copy-
right Claims Board shall also dismiss without prejudice 
any proceeding in which a compliant claim is not filed 
within the applicable 30-day period. 
‘‘(C)(i) Subject to clause (ii), for purposes of this para-
graph, a claim against an online service provider for 
infringement by reason of the storage of or referral or 
linking to infringing material that may be subject to the 
limitations on liability set forth in subsection (b), (c), or 
(d) of section 512 shall be considered noncompliant unless 
the claimant affirms in the statement required under sub-
section (e)(1) of this section that the claimant has pre-
viously notified the service provider of the claimed infringe-
ment in accordance with subsection (b)(2)(E), (c)(3), or (d)(3) 
of section 512, as applicable, and the service provider failed 
to remove or disable access to the material expeditiously 
upon the provision of such notice.
H. R. 133—1006 
‘‘(ii) If a claim is found to be noncompliant under 
clause (i), the Copyright Claims Board shall provide the 
claimant with information concerning the service of such 
a notice under the applicable provision of section 512. 
‘‘(2) COUNTERCLAIMS.—Upon the filing and service of a 
counterclaim, the counterclaim shall be reviewed by a Copyright 
Claims Attorney to ensure that the counterclaim complies with 
the provisions of this chapter and applicable regulations. If 
the counterclaim is found not to comply, the counterclaimant 
and the other parties to the proceeding shall be notified that 
the counterclaim is deficient, and the counterclaimant shall 
be permitted to file and serve an amended counterclaim not 
later than 30 days after the date of such notice. If the counter-
claimant files and serves a compliant counterclaim within that 
30-day period, the counterclaimant and such other parties shall 
be so notified. If the counterclaim is refiled and served within 
that 30-day period but still fails to comply, the counterclaimant 
and such other parties shall again be notified that the counter-
claim is deficient, and the counterclaimant shall be provided 
a second opportunity to amend the counterclaim not later than 
30 days after the date of the second notice. If the counterclaim 
is refiled and served again within that second 30-day period 
and is compliant, the counterclaimant and such other parties 
shall be so notified, but if the counterclaim still fails to comply, 
upon confirmation of such noncompliance by a Copyright Claims 
Officer, the counterclaim, but not the proceeding, shall be dis-
missed without prejudice. 
‘‘(3) DISMISSAL FOR UNSUITABILITY.—The Copyright Claims 
Board shall dismiss a claim or counterclaim without prejudice 
if, upon reviewing the claim or counterclaim, or at any other 
time in the proceeding, the Copyright Claims Board concludes 
that the claim or counterclaim is unsuitable for determination 
by the Copyright Claims Board, including on account of any 
of the following: 
‘‘(A) The failure to join a necessary party. 
‘‘(B) The lack of an essential witness, evidence, or 
expert testimony. 
‘‘(C) The determination of a relevant issue of law or 
fact that could exceed either the number of proceedings 
the Copyright Claims Board could reasonably administer 
or the subject matter competence of the Copyright Claims 
Board. 
‘‘(g) SERVICE OF NOTICE AND CLAIMS.—In order to proceed with 
a claim against a respondent, a claimant shall, not later than 
90 days after receiving notification under subsection (f) to proceed 
with service, file with the Copyright Claims Board proof of service 
on the respondent. In order to effectuate service on a respondent, 
the claimant shall cause notice of the proceeding and a copy of 
the claim to be served on the respondent, either by personal service 
or pursuant to a waiver of personal service, as prescribed in regula-
tions established by the Register of Copyrights. Such regulations 
shall include the following requirements: 
‘‘(1) The notice of the proceeding shall adhere to a pre-
scribed form and shall set forth the nature of the Copyright 
Claims Board and proceeding, the right of the respondent to 
opt out, and the consequences of opting out and not opting
H. R. 133—1007 
out, including a prominent statement that, by not opting out 
within 60 days after receiving the notice, the respondent— 
‘‘(A) loses the opportunity to have the dispute decided 
by a court created under article III of the Constitution 
of the United States; and 
‘‘(B) waives the right to a jury trial regarding the 
dispute. 
‘‘(2) The copy of the claim served on the respondent shall 
be the same as the claim that was filed with the Copyright 
Claims Board. 
‘‘(3) Personal service of a notice and claim may be effected 
by an individual who is not a party to the proceeding and 
is older than 18 years of age. 
‘‘(4) An individual, other than a minor or incompetent 
individual, may be served by— 
‘‘(A) complying with State law for serving a summons 
in an action brought in courts of general jurisdiction in 
the State where service is made; 
‘‘(B) delivering a copy of the notice and claim to the 
individual personally; 
‘‘(C) leaving a copy of the notice and claim at the 
individual’s dwelling or usual place of abode with someone 
of suitable age and discretion who resides there; or 
‘‘(D) delivering a copy of the notice and claim to an 
agent designated by the respondent to receive service of 
process or, if not so designated, an agent authorized by 
appointment or by law to receive service of process. 
‘‘(5)(A) A corporation, partnership, or unincorporated 
association that is subject to suit in courts of general jurisdic-
tion under a common name shall be served by delivering a 
copy of the notice and claim to its service agent. If such service 
agent has not been designated, service shall be accomplished— 
‘‘(i) by complying with State law for serving a summons 
in an action brought in courts of general jurisdiction in 
the State where service is made; or 
‘‘(ii) by delivering a copy of the notice and claim to 
an officer, a managing or general agent, or any other agent 
authorized by appointment or by law to receive service 
of process in an action brought in courts of general jurisdic-
tion in the State where service is made and, if the agent 
is one authorized by statute and the statute so requires, 
by also mailing a copy of the notice and claim to the 
respondent. 
‘‘(B) A corporation, partnership, or unincorporated associa-
tion that is subject to suit in courts of general jurisdiction 
under a common name may elect to designate a service agent 
to receive notice of a claim against it before the Copyright 
Claims Board by complying with requirements that the Register 
of Copyrights shall establish by regulation. The Register of 
Copyrights shall maintain a current directory of service agents 
that is available to the public for inspection, including through 
the internet, and may require such corporations, partnerships, 
and unincorporated associations designating such service 
agents to pay a fee to cover the costs of maintaining the 
directory. 
‘‘(6) In order to request a waiver of personal service, the 
claimant may notify a respondent, by first class mail or by
H. R. 133—1008 
other reasonable means, that a proceeding has been com-
menced, such notice to be made in accordance with regulations 
established by the Register of Copyrights, subject to the fol-
lowing: 
‘‘(A) Any such request shall be in writing, shall be 
addressed to the respondent, and shall be accompanied 
by a prescribed notice of the proceeding, a copy of the 
claim as filed with the Copyright Claims Board, a pre-
scribed form for waiver of personal service, and a prepaid 
or other means of returning the form without cost. 
‘‘(B) The request shall state the date on which the 
request is sent, and shall provide the respondent a period 
of 30 days, beginning on the date on which the request 
is sent, to return the waiver form signed by the respondent. 
The signed waiver form shall, for purposes of this sub-
section, constitute acceptance and proof of service as of 
the date on which the waiver is signed. 
‘‘(7)(A) A respondent’s waiver of personal service shall not 
constitute a waiver of the respondent’s right to opt out of 
the proceeding. 
‘‘(B) A respondent who timely waives personal service under 
paragraph (6) and does not opt out of the proceeding shall 
be permitted a period of 30 days, in addition to the period 
otherwise permitted under the applicable procedures of the 
Copyright Claims Board, to submit a substantive response to 
the claim, including any defenses and counterclaims. 
‘‘(8) A minor or an incompetent individual may only be 
served by complying with State law for serving a summons 
or like process on such an individual in an action brought 
in the courts of general jurisdiction of the State where service 
is made. 
‘‘(9) Service of a claim and waiver of personal service may 
only be effected within the United States. 
‘‘(h) NOTIFICATION BY COPYRIGHT CLAIMS BOARD.—The Register 
of Copyrights shall establish regulations providing for a written 
notification to be sent by, or on behalf of, the Copyright Claims 
Board to notify the respondent of a pending proceeding against 
the respondent, as set forth in those regulations, which shall— 
‘‘(1) include information concerning the respondent’s right 
to opt out of the proceeding, the consequences of opting out 
and not opting out, and a prominent statement that, by not 
opting out within 60 days after the date of service under 
subsection (g), the respondent loses the opportunity to have 
the dispute decided by a court created under article III of 
the Constitution of the United States and waives the right 
to a jury trial regarding the dispute; and 
‘‘(2) be in addition to, and separate and apart from, the 
notice requirements under subsection (g). 
‘‘(i) OPT-OUT PROCEDURE.—Upon being properly served with 
a notice and claim, a respondent who chooses to opt out of the 
proceeding shall have a period of 60 days, beginning on the date 
of service, in which to provide written notice of such choice to 
the Copyright Claims Board, in accordance with regulations estab-
lished by the Register of Copyrights. If proof of service has been 
filed by the claimant and the respondent does not submit an opt- 
out notice to the Copyright Claims Board within that 60-day period, 
the proceeding shall be deemed an active proceeding and the
H. R. 133—1009 
respondent shall be bound by the determination in the proceeding 
to the extent provided under section 1507(a). If the respondent 
opts out of the proceeding during that 60-day period, the proceeding 
shall be dismissed without prejudice, except that, in exceptional 
circumstances and upon written notice to the claimant, the Copy-
right Claims Board may extend that 60-day period in the interests 
of justice. 
‘‘(j) SERVICE OF OTHER DOCUMENTS.—Documents submitted or 
relied upon in a proceeding, other than the notice and claim, shall 
be served in accordance with regulations established by the Register 
of Copyrights. 
‘‘(k) SCHEDULING.—Upon confirmation that a proceeding has 
become an active proceeding, the Copyright Claims Board shall 
issue a schedule for the future conduct of the proceeding. The 
schedule shall not specify a time that a claimant or counterclaimant 
is required make an election of damages that is inconsistent with 
section 1504(e). A schedule issued by the Copyright Claims Board 
may be amended by the Copyright Claims Board in the interests 
of justice. 
‘‘(l) CONFERENCES.—One or more Copyright Claims Officers 
may hold a conference to address case management or discovery 
issues in a proceeding, which shall be noted upon the record of 
the proceeding and may be recorded or transcribed. 
‘‘(m) PARTY
SUBMISSIONS.—A proceeding of the Copyright 
Claims Board may not include any formal motion practice, except 
that, subject to applicable regulations and procedures of the Copy-
right Claims Board— 
‘‘(1) the parties to the proceeding may make requests to 
the Copyright Claims Board to address case management and 
discovery matters, and submit responses thereto; and 
‘‘(2) the Copyright Claims Board may request or permit 
parties to make submissions addressing relevant questions of 
fact or law, or other matters, including matters raised sua 
sponte by the Copyright Claims Officers, and offer responses 
thereto. 
‘‘(n) DISCOVERY.—Discovery in a proceeding shall be limited 
to the production of relevant information and documents, written 
interrogatories, and written requests for admission, as provided 
in regulations established by the Register of Copyrights, except 
that— 
‘‘(1) upon the request of a party, and for good cause shown, 
the Copyright Claims Board may approve additional relevant 
discovery, on a limited basis, in particular matters, and may 
request specific information and documents from participants 
in the proceeding and voluntary submissions from nonpartici-
pants, consistent with the interests of justice; 
‘‘(2) upon the request of a party, and for good cause shown, 
the Copyright Claims Board may issue a protective order to 
limit the disclosure of documents or testimony that contain 
confidential information; and 
‘‘(3) after providing notice and an opportunity to respond, 
and upon good cause shown, the Copyright Claims Board may 
apply an adverse inference with respect to disputed facts 
against a party who has failed to timely provide discovery 
materials in response to a proper request for materials that 
could be relevant to such facts.
H. R. 133—1011 
adopt some or all of the terms of the parties’ settlement in 
a final determination in the proceeding. 
‘‘(s) FACTUAL FINDINGS.—Subject to subsection (n)(3), the Copy-
right Claims Board shall make factual findings based upon a 
preponderance of the evidence. 
‘‘(t) DETERMINATIONS.— 
‘‘(1) NATURE
AND
CONTENTS.—A determination rendered 
by the Copyright Claims Board in a proceeding shall— 
‘‘(A) be reached by a majority of the Copyright Claims 
Board; 
‘‘(B) be in writing, and include an explanation of the 
factual and legal basis of the determination; 
‘‘(C) set forth any terms by which a respondent or 
counterclaim respondent has agreed to cease infringing 
activity under section 1504(e)(2); 
‘‘(D) to the extent requested under subsection (r)(2), 
set forth the terms of any settlement agreed to under 
subsection (r)(1); and 
‘‘(E) include a clear statement of all damages and other 
relief awarded, including under subparagraphs (C) and (D). 
‘‘(2) DISSENT.—A Copyright Claims Officer who dissents 
from a decision contained in a determination under paragraph 
(1) may append a statement setting forth the grounds for that 
dissent. 
‘‘(3) PUBLICATION.—Each final determination of the Copy-
right Claims Board shall be made available on a publicly acces-
sible website. The Register shall establish regulations with 
respect to the publication of other records and information 
relating to such determinations, including the redaction of 
records to protect confidential information that is the subject 
of a protective order under subsection (n)(2). 
‘‘(4) FREEDOM
OF
INFORMATION
ACT.—All information 
relating to proceedings of the Copyright Claims Board under 
this chapter is exempt from disclosure to the public under 
section 552(b)(3) of title 5, except for determinations, records, 
and information published under paragraph (3). 
‘‘(u) RESPONDENT’S DEFAULT.—If a proceeding has been deemed 
an active proceeding but the respondent has failed to appear or 
has ceased participating in the proceeding, as demonstrated by 
the respondent’s failure, without justifiable cause, to meet 1 or 
more deadlines or requirements set forth in the schedule adopted 
by the Copyright Claims Board under subsection (k), the Copyright 
Claims Board may enter a default determination, including the 
dismissal of any counterclaim asserted by the respondent, as follows 
and in accordance with such other requirements as the Register 
of Copyrights may establish by regulation: 
‘‘(1) The Copyright Claims Board shall require the claimant 
to submit relevant evidence and other information in support 
of the claimant’s claim and any asserted damages and, upon 
review of such evidence and any other requested submissions 
from the claimant, shall determine whether the materials so 
submitted are sufficient to support a finding in favor of the 
claimant under applicable law and, if so, the appropriate relief 
and damages, if any, to be awarded. 
‘‘(2) If the Copyright Claims Board makes an affirmative 
determination under paragraph (1), the Copyright Claims Board
H. R. 133—1012 
shall prepare a proposed default determination, and shall pro-
vide written notice to the respondent at all addresses, including 
email addresses, reflected in the records of the proceeding 
before the Copyright Claims Board, of the pendency of a default 
determination by the Copyright Claims Board and of the legal 
significance of such determination. Such notice shall be accom-
panied by the proposed default determination and shall provide 
that the respondent has a period of 30 days, beginning on 
the date of the notice, to submit any evidence or other informa-
tion in opposition to the proposed default determination. 
‘‘(3) If the respondent responds to the notice provided under 
paragraph (2) within the 30-day period provided in such para-
graph, the Copyright Claims Board shall consider the respond-
ent’s submissions and, after allowing the other parties to 
address such submissions, maintain, or amend its proposed 
determination as appropriate, and the resulting determination 
shall not be a default determination. 
‘‘(4) If the respondent fails to respond to the notice provided 
under paragraph (2), the Copyright Claims Board shall proceed 
to issue the default determination as a final determination. 
Thereafter, the respondent may only challenge such determina-
tion to the extent permitted under section 1508(c), except that, 
before any additional proceedings are initiated under section 
1508, the Copyright Claims Board may, in the interests of 
justice, vacate the default determination. 
‘‘(v) CLAIMANT’S FAILURE TO PROCEED.— 
‘‘(1) FAILURE TO COMPLETE SERVICE.—If a claimant fails 
to complete service on a respondent within the 90-day period 
required under subsection (g), the Copyright Claims Board 
shall dismiss that respondent from the proceeding without 
prejudice. If a claimant fails to complete service on all respond-
ents within that 90-day period, the Copyright Claims Board 
shall dismiss the proceeding without prejudice. 
‘‘(2) FAILURE TO PROSECUTE.—If a claimant fails to proceed 
in an active proceeding, as demonstrated by the claimant’s 
failure, without justifiable cause, to meet 1 or more deadlines 
or requirements set forth in the schedule adopted by the Copy-
right Claims Board under subsection (k), the Copyright Claims 
Board may, upon providing written notice to the claimant and 
a period of 30 days, beginning on the date of the notice, to 
respond to the notice, and after considering any such response, 
issue a determination dismissing the claimant’s claims, which 
shall include an award of attorneys’ fees and costs, if appro-
priate, under subsection (y)(2). Thereafter, the claimant may 
only challenge such determination to the extent permitted 
under section 1508(c), except that, before any additional pro-
ceedings are initiated under section 1508, the Copyright Claims 
Board may, in the interests of justice, vacate the determination 
of dismissal. 
‘‘(w) REQUEST FOR RECONSIDERATION.—A party may, not later 
than 30 days after the date on which the Copyright Claims Board 
issues a final determination in a proceeding under this chapter, 
submit a written request for reconsideration of, or an amendment 
to, such determination if the party identifies a clear error of law 
or fact material to the outcome, or a technical mistake. After pro-
viding the other parties an opportunity to address such request,
H. R. 133—1013 
the Copyright Claims Board shall either deny the request or issue 
an amended final determination. 
‘‘(x) REVIEW
BY REGISTER.—If the Copyright Claims Board 
denies a party a request for reconsideration of a final determination 
under subsection (w), that party may, not later than 30 days after 
the date of such denial, request review of the final determination 
by the Register of Copyrights in accordance with regulations estab-
lished by the Register. Such request shall be accompanied by a 
reasonable filing fee, as provided in such regulations. The review 
by the Register shall be limited to consideration of whether the 
Copyright Claims Board abused its discretion in denying reconsider-
ation of the determination. After providing the other parties an 
opportunity to address the request, the Register shall either deny 
the request for review, or remand the proceeding to the Copyright 
Claims Board for reconsideration of issues specified in the remand 
and for issuance of an amended final determination. Such amended 
final determination shall not be subject to further consideration 
or review, other than under section 1508(c). 
‘‘(y) CONDUCT OF PARTIES AND ATTORNEYS.— 
‘‘(1) CERTIFICATION.—The Register of Copyrights shall 
establish regulations requiring certification of the accuracy and 
truthfulness of statements made by participants in proceedings 
before the Copyright Claims Board. 
‘‘(2) BAD
FAITH
CONDUCT.—Notwithstanding any other 
provision of law, in any proceeding in which a determination 
is rendered and it is established that a party pursued a claim, 
counterclaim, or defense for a harassing or other improper 
purpose, or without a reasonable basis in law or fact, then, 
unless inconsistent with the interests of justice, the Copyright 
Claims Board shall in such determination award reasonable 
costs and attorneys’ fees to any adversely affected party of 
in an amount of not more than $5,000, except that— 
‘‘(A) if an adversely affected party appeared pro se 
in the proceeding, the award to that party shall be for 
costs only, in an amount of not more than $2,500; and 
‘‘(B) in extraordinary circumstances, such as where 
a party has demonstrated a pattern or practice of bad 
faith conduct as described in this paragraph, the Copyright 
Claims Board may, in the interests of justice, award costs 
and attorneys’ fees in excess of the limitations under this 
paragraph. 
‘‘(3) ADDITIONAL PENALTY.—If the Board finds that on more 
than 1 occasion within a 12-month period a party pursued 
a claim, counterclaim, or defense before the Copyright Claims 
Board for a harassing or other improper purpose, or without 
a reasonable basis in law or fact, that party shall be barred 
from initiating a claim before the Copyright Claims Board 
under this chapter for a period of 12 months beginning on 
the date on which the Board makes such a finding. Any pro-
ceeding commenced by that party that is still pending before 
the Board when such a finding is made shall be dismissed 
without prejudice, except that if a proceeding has been deemed 
active under subsection (i), the proceeding shall be dismissed 
under this paragraph only if the respondent provides written 
consent thereto. 
‘‘(z) REGULATIONS FOR SMALLER CLAIMS.—The Register of Copy-
rights shall establish regulations to provide for the consideration
H. R. 133—1014 
and determination, by not fewer than 1 Copyright Claims Officer, 
of any claim under this chapter in which total damages sought 
do not exceed $5,000 (exclusive of attorneys’ fees and costs). A 
determination issued under this subsection shall have the same 
effect as a determination issued by the entire Copyright Claims 
Board. 
‘‘(aa) OPT-OUT FOR LIBRARIES AND ARCHIVES.— 
‘‘(1) IN GENERAL.—The Register of Copyrights shall estab-
lish regulations allowing for a library or archives that does 
not wish to participate in proceedings before the Copyright 
Claims Board to preemptively opt out of such proceedings. 
‘‘(2) PROCEDURES.—The regulations established under para-
graph (1) shall— 
‘‘(A) set forth procedures for preemptively opting out 
of proceedings before the Copyright Claims Board; and 
‘‘(B) require that the Copyright Office compile and 
maintain a publicly available list of the libraries and 
archives that have successfully opted out of proceedings 
in accordance with the procedures described in subpara-
graph (A). 
‘‘(3) NO FEE OR RENEWAL REQUIRED.—The Register of Copy-
rights may not— 
‘‘(A) charge a library or archives a fee to preemptively 
opt out of proceedings under this subsection; or 
‘‘(B) require a library or archives to renew a decision 
to preemptively opt out of proceedings under this sub-
section. 
‘‘(4) DEFINITIONS.—For purposes of this subsection, the 
terms ‘library’ and ‘archives’ mean any library or archives, 
respectively, that qualifies for the limitations on exclusive 
rights under section 108. 
‘‘§ 1507. Effect of proceeding 
‘‘(a) DETERMINATION.—Subject to the reconsideration and 
review processes provided under subsections (w) and (x) of section 
1506 and section 1508(c), the issuance of a final determination 
by the Copyright Claims Board in a proceeding, including a default 
determination or determination based on a failure to prosecute, 
shall, solely with respect to the parties to such determination, 
preclude relitigation before any court or tribunal, or before the 
Copyright Claims Board, of the claims and counterclaims asserted 
and finally determined by the Board, and may be relied upon 
for such purpose in a future action or proceeding arising from 
the same specific activity or activities, subject to the following: 
‘‘(1) A determination of the Copyright Claims Board shall 
not preclude litigation or relitigation as between the same 
or different parties before any court or tribunal, or the Copy-
right Claims Board, of the same or similar issues of fact or 
law in connection with claims or counterclaims not asserted 
or not finally determined by the Copyright Claims Board. 
‘‘(2) A determination of ownership of a copyrighted work 
for purposes of resolving a matter before the Copyright Claims 
Board may not be relied upon, and shall not have any preclusive 
effect, in any other action or proceeding before any court or 
tribunal, including the Copyright Claims Board. 
‘‘(3) Except to the extent permitted under this subsection 
and section 1508, any determination of the Copyright Claims