I 
114TH CONGRESS 
2D SESSION 
H. R. 6496 
To amend title 17, United States Code, to establish a small claims system 
within the Copyright Office, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 8, 2016 
Ms. JUDY CHU of California (for herself and Mr. SMITH of Texas) introduced 
the following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 17, United States Code, to establish a small 
claims system within the Copyright Office, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness for American 
Small Creators Act’’. 
SEC. 2. ESTABLISHMENT OF COPYRIGHT CLAIMS BOARD. 
(a) AMENDMENT.—Title 17, United States Code, is 
amended by adding at the end the following new chapter: 
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‘‘CHAPTER 14—COPYRIGHT CLAIMS 
BOARD 
‘‘Sec. 
‘‘1401. Copyright Claims Board. 
‘‘1402. Duties of officers and staff. 
‘‘1403. Nature of proceedings. 
‘‘1404. Registration certificate required. 
‘‘1405. Proceedings. 
‘‘1406. Effect of proceeding. 
‘‘1407. Confirmation or review by district court. 
‘‘1408. Referral of cases by district courts. 
‘‘1409. Definitions. 
‘‘§ 1401. Copyright Claims Board 
‘‘(a) ESTABLISHMENT.—There is established within 
the Copyright Office of the Library of Congress a Copy-
right Claims Board (hereinafter the ‘Board’), which shall 
serve as an alternative forum in which parties may choose 
to resolve certain copyright claims as provided in this 
chapter. 
‘‘(b) OFFICERS AND STAFF.— 
‘‘(1) COPYRIGHT CLAIMS OFFICERS.— 
‘‘(A) APPOINTMENT.—The Librarian of 
Congress shall appoint 3 full-time copyright 
claims officers to serve on the Board who are 
recommended as qualified by the Register of 
Copyrights. 
‘‘(B) QUALIFICATIONS.—Each copyright 
claims officer shall be an attorney with not less 
than 7 years of legal experience. Two of the 
copyright claims officers shall have substantial 
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experience in the evaluation, litigation, or adju-
dication of copyright infringement claims and, 
between them, shall have represented or pre-
sided over a diversity of copyright interests, in-
cluding those of both owners and users of copy-
righted works. The third copyright claims offi-
cer shall have substantial experience in the field 
of alternative dispute resolution. 
‘‘(C) TERM.—A copyright claims officer 
shall serve for a term of 6 years, which may be 
renewed by the Librarian of Congress upon the 
recommendation of Register of Copyrights. The 
term for the first three copyright claims officers 
appointed pursuant to subparagraph (A) shall 
be 4, 5, and 6 years, respectively. 
‘‘(D) VACANCIES.—If a vacancy occurs in 
the position of a copyright claims officer, the 
Librarian of Congress shall act expeditiously to 
appoint a copyright claims officer for that posi-
tion who is recommended as qualified by the 
Register of Copyrights. A copyright claims offi-
cer appointed to fill a vacancy that occurs be-
fore the expiration of the term for which the of-
ficer’s predecessor was appointed shall be ap-
pointed to serve a full term of 6 years. 
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‘‘§ 1402. Authority and Responsibilities of the Copy-
right Claims Board 
‘‘(a) COPYRIGHT CLAIMS OFFICER.—Subject to this 
chapter and regulations issued by the Register of Copy-
rights, the duties of a copyright claims officer are as fol-
lows: 
‘‘(1) To issue determinations on any civil copy-
right claim, counterclaim, and defense as may be 
brought before the Board under this chapter, and to 
certify the determinations for confirmation by the 
United States District Court for the District of Co-
lumbia. 
‘‘(2) To ensure that a claim, defense, and coun-
terclaim is properly filed and otherwise appropriate 
for resolution by the Board. 
‘‘(3) To manage the proceedings of the Board 
and render rulings relating to the consideration of a 
claim, defense, and counterclaim, including sched-
uling, discovery, evidentiary, and other matters. 
‘‘(4) To request the production of information 
and documents relevant to the resolution of a claim, 
defense, or counterclaim from a party in a pro-
ceeding and from others. 
‘‘(5) To conduct hearings and conferences. 
‘‘(6) To facilitate the settlement of any claim or 
counterclaim of parties. 
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‘‘(7) To include in any determination of the 
Board a requirement for cessation or mitigation of 
infringing activity, including takedown or destruc-
tion of infringing materials, where the party to un-
dertake such measures has so agreed. 
‘‘(8) To provide information to the public con-
cerning the procedures and requirements of the 
Board, including any form and instructional mate-
rial. 
‘‘(9) To maintain a record of each proceeding 
of the Board and make public any determination in 
an individual proceeding. 
‘‘(10) To carry out any other duties prescribed 
in this chapter. 
‘‘(11) When not engaged in performing the du-
ties prescribed in this chapter, to perform such other 
duties as may be assigned by the Register of Copy-
rights. 
‘‘(b) COPYRIGHT CLAIMS ATTORNEY.—Subject to 
this chapter and regulations issued by the Register of 
Copyrights, the duties of a copyright claims attorney are 
as follows: 
‘‘(1) To provide assistance to the copyright 
claims officers in the administration of the duties of 
the officers under this chapter. 
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‘‘(2) To provide assistance to members of the 
public with respect to the procedures and require-
ments of the Board. 
‘‘(3) When not engaged in performing the du-
ties prescribed in this chapter, to perform such other 
duties as may be assigned by the Register of Copy-
rights. 
‘‘(c) INDEPENDENCE IN DETERMINATION.— 
‘‘(1) IN GENERAL.—The copyright claims offi-
cers shall render determinations in individual pro-
ceedings independently on the basis of the records in 
the proceedings of the Board and in accordance with 
the provisions of this title, judicial precedent, and 
applicable regulations of the Register of Copyrights. 
‘‘(2) CONSULTATION WITH THE REGISTER OF 
COPYRIGHTS.—The copyright claims officers and 
copyright claims attorneys may consult with the 
Register of Copyrights on general issues of law, but, 
subject to section 1405(y), not with respect to the 
facts of any particular matter pending before them 
or the application of law thereto. 
‘‘(3) PERFORMANCE REVIEW.—Notwithstanding 
any other provision of law or any regulation or pol-
icy of the Library of Congress or Register of Copy-
rights, no performance appraisal of a copyright 
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claims officer or copyright claims attorney shall con-
sider the substantive result of any individual deter-
mination reached by the Board as a basis for ap-
praisal except insofar as it may relate to an actual 
or alleged violation of an ethical standard of con-
duct. 
‘‘(d) DIRECTION
BY REGISTER.—Subject to sub-
section (b), the Register of Copyrights shall direct each 
copyright claims officer and each copyright claims attor-
ney in the administration of their respective duties under 
this chapter. 
‘‘(e) INCONSISTENT DUTIES BARRED.—A copyright 
claims officer or copyright claims attorney may not under-
take any duty or responsibility that conflicts with any duty 
under this chapter. 
‘‘(f) RECUSAL.—A copyright claims officer or copy-
right claims attorney shall recuse themself from participa-
tion in any proceeding with respect to which the copyright 
claims officer has reason to believe there is a conflict of 
interest. 
‘‘(g) EX PARTE COMMUNICATIONS.—Except as oth-
erwise provided by law, any party proceeding before the 
Board shall refrain from ex parte communications with 
a copyright claims officer concerning the substance of any 
proceeding before the Board, except that a copyright 
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claims attorney may provide information and assistance 
to parties concerning the procedures and requirements of 
the Board. 
‘‘(h) JUDICIAL REVIEW.—Actions of the copyright 
claims officers and the Register of Copyrights under this 
chapter in connection with the rendering of individual de-
terminations are subject to judicial review as provided 
under section 1407(b) and not under chapter 7 of title 
5. 
‘‘§ 1403. Nature of Proceedings 
‘‘(a) VOLUNTARY PARTICIPATION.—Participation in 
a Board proceeding is 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 United 
States district court or any other court, including a jury 
trial, is preserved. 
‘‘(b) STATUTE OF LIMITATIONS.— 
‘‘(1) IN
GENERAL.—No proceeding shall be 
maintained before the Board unless it is commenced 
before the Board within 3 years after the claim that 
is the basis for the proceeding accrued. 
‘‘(2) TOLLING.—Subject to section 1406(a), a 
proceeding commenced before the Board shall toll 
the time permitted under section 507(b) for com-
mencement of an action on the same claim in a Fed-
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eral district court during the time it remains pend-
ing. 
‘‘(c) PERMISSIBLE CLAIMS, COUNTERCLAIMS, AND 
DEFENSES.—The copyright claims officers may render de-
terminations with respect to the following claims, counter-
claims, and defenses, subject to such further limitations 
and requirements, including with respect to particular 
classes of works, as may be set forth in regulations issued 
by the Register of Copyrights: 
‘‘(1) INFRINGEMENT.—A claim for infringe-
ment or a declaration of infringement of an exclusive 
right of copyright provided under section 106 as-
serted by the legal or beneficial owner of such exclu-
sive right at the time of infringement in which the 
claimant seeks damages, if any, subject to the limi-
tations described in subsection (e)(1). 
‘‘(2) DECLARATION OF NONINFRINGEMENT.—A 
claim for a declaration of noninfringement of an ex-
clusive right of copyright provided under section 106 
in which the claimant seeks damages, if any, subject 
to the limitations described in subsection (e)(1) and 
in which an actual controversy exists as evidenced by 
a documented threat of legal action against the 
claimant. 
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‘‘(3) MISREPRESENTATION; REMOVAL OF COPY-
RIGHT
MANAGEMENT
INFORMATION.—Notwith-
standing any other provision of law, a claim under 
section 512(f), except that any remedy in a pro-
ceeding before the Board is limited to those available 
under this chapter. 
‘‘(4) COUNTERCLAIM.—A counterclaim asserted 
solely against any claimant in a proceeding in which 
any counterclaimant seeks damages, if any, within 
the limitations set forth in subsection (e)(1), and 
that— 
‘‘(A) arises under section 106 or 512(f), 
and out of the same transaction or occurrence 
that is the subject of a claim of infringement 
brought under paragraph (1), a claim of non-
infringement under paragraph (2), or a claim of 
misrepresentation or a claim of removal of 
copyright management information, under para-
graph (3); or 
‘‘(B) arises under an agreement relating to 
the same transaction or occurrence that is the 
subject of a claim of infringement brought 
under paragraph (1) and could affect the relief 
awarded to the claimant. 
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‘‘(5) DEFENSE.—A legal or equitable defense 
under this title or otherwise available under law in 
response to a claim or counterclaim asserted under 
this subsection. 
‘‘(6) MULTIPLE
CLAIMS.—A single claim or 
multiple claims permitted under paragraph (1), (2), 
or (3) by one or more claimants against one or more 
respondents, but only if all claims asserted in any 
one proceeding arise out of the same allegedly in-
fringing activity or a continuous course of alleged in-
fringement and do not in the aggregate result in a 
claim for damages in excess of the limitation pro-
vided in subsection (e)(1)(D). 
‘‘(d) EXCLUDED CLAIMS.—The following claims and 
counterclaims are not subject to determination by the 
Board: 
‘‘(1) A claim or counterclaim that is not a per-
missible claim or counterclaim under subsection (c). 
‘‘(2) A claim or counterclaim already pending 
before, or finally adjudicated by, a court of com-
petent jurisdiction, unless in the case of a pending 
claim or counterclaim, the court issues a stay to per-
mit such claim or counterclaim to proceed before the 
Board. 
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‘‘(3) A claim or counterclaim by or against a 
Federal or State government entity. 
‘‘(4) A claim or counterclaim asserted against a 
person or entity residing outside of the United 
States. 
‘‘(5) A claim or counterclaim dismissed by the 
Board pursuant to section 1405(f)(3). 
‘‘(e) PERMISSIBLE REMEDIES.— 
‘‘(1) DAMAGES FOR INFRINGEMENT.— 
‘‘(A) ACTUAL
AND
STATUTORY
DAM-
AGES.—Subject to the limitation on total dam-
ages set forth in subparagraph (D), with re-
spect to a claim or counterclaim for infringe-
ment of copyright, the Board may award— 
‘‘(i) actual damages and profits of the 
infringing party determined in accordance 
with section 504(b), which determination 
shall include in appropriate cases consider-
ation of whether the infringing party has 
agreed to cease or mitigate the infringing 
activity as provided under paragraph (2); 
or 
‘‘(ii) limited statutory damages, which 
shall be determined in accordance with sec-
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tion 504(c), subject to the following condi-
tions: 
‘‘(I) With respect to a work time-
ly registered as described under sec-
tion 412 and eligible for an award of 
statutory damages under that section, 
statutory damages may not exceed 
$15,000 per work infringed. 
‘‘(II) With respect to a work not 
timely registered as described under 
section 412 but eligible for an award 
of statutory damages under section 
1404(b), statutory damages may not 
exceed $7,500 per work infringed, or 
a total of $15,000 in any one pro-
ceeding. 
‘‘(III) In making an award of 
statutory damages, the Board may 
not make any finding or consider 
whether the infringement was com-
mitted willfully. 
‘‘(IV) The Board may consider, 
as an additional factor in awarding 
statutory damages, whether the in-
fringer has agreed to cease or miti-
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gate the infringing activity under 
paragraph (2). 
‘‘(B) ELECTION OF DAMAGES.—With re-
spect to a claim or counterclaim of infringe-
ment, the claimant or counterclaimant shall, 
after the close of discovery and in accordance 
with the schedule adopted by the Board pursu-
ant to section 1405(k), elect to pursue either 
actual damages and profits or statutory dam-
ages under subparagraph (A). 
‘‘(C) OTHER DAMAGES.—Damages for any 
claim and counterclaim, other than an infringe-
ment claim, shall be awarded in accordance 
with applicable law and shall be subject to the 
limitation set forth in subparagraph (D). 
‘‘(D) LIMITATION ON TOTAL DAMAGES.— 
Notwithstanding any other provision of law, a 
party who pursues one or more claims or coun-
terclaims in any single proceeding before the 
Board may not seek or recover in such pro-
ceeding damages totaling more than $30,000, 
not including any attorneys’ fees and costs that 
may be awarded under section 1405(z)(2). 
‘‘(2) AGREEMENT
BY
PARTY
TO
CEASE
IN-
FRINGING ACTIVITY.—In any proceeding in which a 
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party agrees to cease activity (including by removal 
or disabling of access to, or destruction of, material 
that is found to infringe) and the agreement is in-
cluded in the record, the Board shall include in the 
final determination a requirement that such party, if 
found to have infringed, cease the infringing conduct 
to the extent agreed. 
‘‘(3) COSTS AND ATTORNEYS’ FEES.—Notwith-
standing any other provision of law and except as 
provided under section 1405(z)(2), each party to a 
proceeding before the Board shall bear the costs and 
attorneys’ fees of that party. 
‘‘§ 1404. Registration requirement 
‘‘(a) REQUIREMENTS TO FILE CLAIM OR COUNTER-
CLAIM.—No claim or counterclaim alleging infringement 
of an exclusive right of copyright may be asserted before 
the Board unless the owner of the copyright has first deliv-
ered a completed application, deposit, and the required fee 
for registration to the Copyright Office and either a reg-
istration certificate has been issued or has not been re-
fused. 
‘‘(b) DAMAGES.—Notwithstanding any other provi-
sion of law, a claimant or counterclaimant in a proceeding 
before the Board may not recover actual damages and 
profits or limited statutory damages for infringement of 
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a work under this chapter unless the requirements of sub-
section (a) have been met and— 
‘‘(1) until the Copyright Offices issues a reg-
istration certificate; 
‘‘(2) until the registration certificate is sub-
mitted to the Board and made available to the other 
parties to the proceeding and the other parties have 
been provided an opportunity to address the 
issuance of the registration certificate; 
‘‘(3) the proceeding is not being held in abey-
ance as described in subsection (c); and 
‘‘(4) the proceeding has not be dismissed with-
out prejudice, in the case of a proceeding in which 
the Board receives notice that registration has been 
refused by the Copyright Office. 
‘‘(c) ABEYANCE.—In the case of a proceeding that 
cannot proceed due to an outstanding registration certifi-
cate, the proceeding shall be held in abeyance pending sub-
mission of the certificate for the work to the Board, and 
if held in abeyance for more than one year, the Board 
may, upon providing written notice to the parties and 30 
days to respond, dismiss the proceeding without prejudice. 
‘‘(d) PRESUMPTION.—In the case of a certificate of 
registration for a work that was registered before or with-
in five years after the first publication of the work, the 
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presumption described in section 410(c) shall apply in a 
proceeding before the Board. 
‘‘§ 1405. Proceedings 
‘‘(a) IN GENERAL.—Proceedings of the Board shall 
be conducted in accordance with this chapter and regula-
tions issued by the Register of Copyrights. 
‘‘(b) RECORD.—The Board shall maintain records 
documenting the proceedings of the Board. 
‘‘(c) CENTRALIZED PROCESS.—The Board may con-
duct proceedings by means of Internet-based applications 
and other telecommunications facilities, except that in any 
case involving physical or other nontestimonial evidence, 
the Board may make alternative arrangements for the 
submission of evidence if the arrangements do not preju-
dice another party to the proceeding. 
‘‘(d) REPRESENTATION.—A party to a proceeding be-
fore the Board may be represented by an attorney or a 
law student who is qualified under applicable law to rep-
resent a party on a pro bono basis. 
‘‘(e) COMMENCEMENT OF PROCEEDING.—A claimant 
may, subject to such additional requirements as may be 
prescribed in regulations issued by the Register of Copy-
rights, commence a proceeding under this section by filing 
a claim with the Board, that— 
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‘‘(1) includes a statement of material facts in 
support of the claim; 
‘‘(2) is certified in accordance with subsection 
(z)(1); and 
‘‘(3) is accompanied by the appropriate filing 
fee prescribed in such regulations which— 
‘‘(A) may not exceed the cost of filing an 
action in a United States district court; and 
‘‘(B) shall be established to further goals 
of the Board. 
‘‘(f) REVIEW OF CLAIMS AND COUNTERCLAIMS.— 
‘‘(1) CLAIMS.—A copyright claims attorney 
shall review each claim filed with the Board for com-
pliance with the provisions of this chapter and appli-
cable regulations and take action as follows: 
‘‘(A) COMPLIANT CLAIM.—If the copyright 
claims attorney finds that a claim complies 
under this section the attorney shall notify the 
claimant that the claimant may serve notice 
under subsection (h). 
‘‘(B) NONCOMPLIANT CLAIM.—If the copy-
right claims attorney finds that a claim does 
not comply under this section, the attorney 
shall notify the claimant that the claim is defi-
cient and that the claimant may file an amend-
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ed claim not later than 30 days after the date 
of such notice without paying an additional fil-
ing fee. 
‘‘(C) COMPLIANT AMENDED CLAIM.—If the 
claimant files a compliant amended claim within 
the period of time described under subpara-
graph (B), the copyright claims attorney shall 
notify the claimant that the claimant may pro-
ceed under subparagraph (A). 
‘‘(D) NONCOMPLIANT AMENDED CLAIM.— 
If the claimant files a noncompliant amended 
claim within the period of time described under 
subparagraph (B), the copyright claims attor-
ney shall notify the claimant under subpara-
graph (B). 
‘‘(E) 
COMPLIANT
SECOND
AMENDED 
CLAIM.—If the claimant files a compliant sec-
ond amended claim within the period of time 
described under subparagraph (B), the copy-
right claims attorney shall notify the claimant 
that the claimant may proceed under subpara-
graph (A). 
‘‘(F) NONCOMPLIANT
SECOND
AMENDED 
CLAIM.—If the claimant files a noncompliant 
second amended claim within the period of time 
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described under subparagraph (B), the Board 
shall dismiss the proceeding without prejudice. 
‘‘(G) CLAIM
NOT
TIMELY
FILED.—The 
Board shall dismiss without prejudice any pro-
ceeding in which a compliant claim is not timely 
filed. 
‘‘(H) CLAIM AGAINST AN ONLINE SERVICE 
PROVIDER.—For purposes of this paragraph, 
the Board shall— 
‘‘(i) consider a claim against an online 
service provider for infringement by reason 
of the storage, at the direction of a user, 
of material residing on a system or net-
work controlled or operated by the service 
provider that may be subject to section 
512(c), or by reason of the service provider 
referring or linking users to an online loca-
tion containing infringing material that 
may be subject to the provisions of section 
512(d), noncompliant unless the claimant 
affirms in the statement required under 
subsection (e)(1) that the claimant has 
previously notified the service provider of 
the claimed infringement in accordance 
with section 512(c)(3) and the service pro-
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vider failed to remove or disable access to 
the material within 5 business days after 
the date of such notice; and 
‘‘(ii) if a claim is found to be non-
compliant under clause (i), provide the 
claimant with information concerning the 
service of a notice pursuant to section 
512(c)(3). 
‘‘(2) COUNTERCLAIM.—A counterclaim shall be 
treated in the same manner as a claim under para-
graph (1) except that each notice shall be served on 
the all other parties. 
‘‘(3) DISMISSAL FOR GOOD CAUSE.—If, upon 
reviewing a claim or counterclaim in a particular 
proceeding, the Board determines that the claim or 
counterclaim is unsuitable for determination by the 
Board due to a failure to join a necessary party, the 
lack of an essential witness, evidence, expert testi-
mony, or for other good cause, the Board shall dis-
miss the proceeding without prejudice. 
‘‘(g) PROOF OF SERVICE.—To proceed with a claim 
against a respondent, a claimant must file with the Board 
proof of service of the notice described in subsection (h) 
on the respondent not later than 90 days after the date 
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on which the claimant receives notice to proceed under 
subsection (f)(1)(A). 
‘‘(h) SERVICE OF NOTICE AND CLAIMS.—Service on 
a respondent by a claimant is valid only if the claimant 
causes 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 regulations issued by the Register of Copyrights. Each 
such notice shall be in accordance with the following: 
‘‘(1) The notice shall adhere to a prescribed 
form that describes the Board under section 1401 
and a proceeding under section 1403, the respond-
ent’s right to opt out under subsection (i), and the 
consequences of opting out and not opting out. 
‘‘(2) The copy of the claim served on the re-
spondent shall be as the claim was filed with the 
Board. 
‘‘(3) Personal service of a notice and claim may 
only be made by an individual who is not a party to 
the proceeding and is at least 18 years of age. 
‘‘(4) An individual, other than a minor or in-
competent individual, may be served by— 
‘‘(A) a procedure under State law for serv-
ing a summons in an action brought in a court 
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of general jurisdiction in the State where serv-
ice is made; or 
‘‘(B) any of the following: 
‘‘(i) Delivering the notice and a copy 
of the claim to the individual personally. 
‘‘(ii) Leaving the notice and a copy of 
the claim at the individual’s dwelling or 
usual place of abode with someone of suit-
able age and discretion who resides there. 
‘‘(iii) Delivering the notice and a copy 
of the claim to an agent authorized by ap-
pointment or by law to receive service of 
process. 
‘‘(5) A corporation, partnership, or unincor-
porated association that is subject to suit in courts 
of general jurisdiction under a common name may 
be served by— 
‘‘(A) a procedure under State law for serv-
ing a summons in an action brought in courts 
of general jurisdiction in the State where serv-
ice is made; or 
‘‘(B) delivering the notice and a copy of 
the claim to an officer, a managing or general 
agent, or any other agency authorized by ap-
pointment or by law to receive service of proc-
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ess in an action brought in courts of general ju-
risdiction and, if the agent is authorized by 
State statute and the statute so requires, by 
also mailing a copy of the notice and a copy of 
the claim to the respondent. 
‘‘(6) In order to request a waiver of personal 
service, a claimant may notify a respondent by first- 
class mail or other reliable means that a proceeding 
has been commenced, as follows: 
‘‘(A) Any such request shall— 
‘‘(i) be in writing and addressed to 
the individual respondent; 
‘‘(ii) include the notice and a copy of 
the claim as filed; 
‘‘(iii) include 2 copies of a prescribed 
form for waiver of personal service; and 
‘‘(iv) include a prepaid or costless 
means of returning the form. 
‘‘(B) The request shall state the date on 
which the request was sent and provide the re-
spondent 30 days after such date to return 1 
copy of the signed waiver, which shall constitute 
proof of service for purposes of filing under 
subsection (g) and this subsection. 
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‘‘(7) A respondent’s waiver of personal service 
shall not constitute a waiver of the respondent’s 
right to opt out of the proceeding under subsection 
(i). 
‘‘(8) A respondent who waives personal service 
and does not opt out under subsection (i) shall be 
permitted an additional 30 days beyond the amount 
of time normally permitted under the applicable pro-
cedures of the Board to submit a substantive re-
sponse to the claim, including any defense or coun-
terclaim. 
‘‘(9) A minor or an incompetent individual may 
only be served by a procedure under applicable State 
law for serving a summons or other process on such 
an individual in an action brought in the courts of 
general jurisdiction of the State in which service is 
made. 
‘‘(10) Service or waiver of personal service 
under this subsection may only be made within the 
United States. 
‘‘(i) OPT-OUT PROCEDURE.—A respondent may opt 
out of a proceeding under this section not later than 60 
days after the date of service under subsection (h) by 
transmitting written notice thereof to the Board, in ac-
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cordance with regulations issued by the Register of Copy-
rights. If the respondent— 
‘‘(1) does not opt out, the proceeding shall con-
tinue and the respondent shall be bound by the de-
termination under section 1406(a) or subsection (u); 
or 
‘‘(2) opts out, the proceeding shall be dismissed 
without prejudice. 
‘‘(j) SERVICE OF OTHER DOCUMENTS.—Documents 
submitted or relied upon in the proceeding shall be served 
in accordance with regulations issued by the Register of 
Copyrights. 
‘‘(k) SCHEDULING.—The Board shall issue a sched-
ule, which may be amended by the Board for good cause, 
for each proceeding under this chapter. 
‘‘(l) NO FORMAL MOTION PRACTICE.—There shall be 
no formal motion practice in a Board proceeding. 
‘‘(m) CONFERENCES.—At the request of a party or 
at the discretion of a copyright claims officer, one or more 
copyright claims officers may hold a conference with the 
parties on the record to address matters in a proceeding 
including case management and discovery issues, but not 
issues of fact or law. 
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‘‘(n) PARTY SUBMISSIONS.—The Board may request 
or permit the parties to make submissions regarding rel-
evant questions of fact or law. 
‘‘(o) DISCOVERY.— 
‘‘(1) IN GENERAL.—Discovery shall be limited, 
pursuant to regulations issued by the Register of 
Copyrights, to the following: 
‘‘(A) Production of relevant information 
and documents. 
‘‘(B) Written interrogatories. 
‘‘(C) Written requests for admissions. 
‘‘(2) SPECIAL REQUESTS.—The Board may— 
‘‘(A) request specific information and doc-
uments from parties to the proceeding or oth-
ers; or 
‘‘(B) upon request of a party and for good 
cause shown, approve additional limited dis-
covery. 
‘‘(3) ADVERSE
INFERENCE.—After providing 
notice and an opportunity to respond, and upon 
good cause shown, the Board may apply an adverse 
inference regarding disputed facts against a party 
who has failed to timely provide discovery materials 
in response to a proper request for relevant mate-
rials. 
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