‘‘(p) EVIDENCE.—The Board may consider the fol-
lowing types of evidence in a proceeding, which may be 
admitted without application of formal rules of evidence: 
‘‘(1) NONTESTIMONIAL EVIDENCE.—Documen-
tary and other nontestimonial evidence that is rel-
evant to any claim, counterclaim, or defense in a 
proceeding. 
‘‘(2) 
TESTIMONIAL
EVIDENCE.—Testimonial 
evidence that is— 
‘‘(A) submitted under penalty of perjury 
and in accordance with subsection (q); 
‘‘(B) limited to written statements of the 
parties and witnesses; and 
‘‘(C) relevant to any claim, counterclaim, 
and defense in a proceeding. 
‘‘(3) SPECIAL EVIDENCE.—In exceptional cases 
and for good cause shown, expert witness or other 
forms of testimony. 
‘‘(q) HEARINGS.—The Board may conduct a hearing 
to receive oral presentations on issues of fact or law from 
parties and witnesses to a proceeding in accordance with 
the following procedures: 
‘‘(1) Any hearing shall be noted on the record 
of the proceeding and may be recorded or tran-
scribed. 
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‘‘(2) A recording or transcript of a hearing 
shall be provided to any copyright claims officer who 
does not attend a hearing. 
‘‘(r) VOLUNTARY DISMISSAL.— 
‘‘(1) BY CLAIMANT.—Upon written request of a 
claimant that is received prior to a respondent’s fil-
ing of a response to a claim, the Board shall dis-
miss, without prejudice, a claim, a respondent, or 
the entire proceeding. 
‘‘(2) BY COUNTERCLAIMANT.—Upon written re-
quest of a counterclaimant received prior to a claim-
ant’s filing of a response to a counterclaim, the 
Board shall dismiss the counterclaim without preju-
dice. 
‘‘(s) SETTLEMENT.—During the pendency of any 
proceeding under this chapter, some or all of the parties 
may— 
‘‘(1) jointly request a conference with a copy-
right claims officer for the purpose of facilitating 
settlement discussions; or 
‘‘(2) submit to the Board— 
‘‘(A) an agreement providing for settle-
ment and dismissal of one or more of the claims 
and counterclaims in the proceeding; or 
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‘‘(B) a request that the Board adopt some 
or all of the terms of the parties’ settlement 
under subparagraph (A) in a final determina-
tion. 
‘‘(t) FINDINGS; STANDARD OF PROOF.—Subject to 
subsection (o)(3), the Board shall make findings based 
upon a preponderance of the evidence. 
‘‘(u) FINAL DETERMINATIONS.— 
‘‘(1) NATURE AND CONTENTS.—A final deter-
mination issued by the Board in a proceeding 
shall— 
‘‘(A) require the consensus of a majority of 
the copyright claims officers presiding over the 
proceeding; 
‘‘(B) be in writing and include an expla-
nation of the underlying factual and legal bases 
for the determination; 
‘‘(C) pursuant to section 1403(e)(2), set 
forth any terms by which a respondent or coun-
terclaim respondent has agreed to cease infring-
ing activity; 
‘‘(D) set forth the terms of any settlement 
to the extent requested by the parties under 
subsection (s); and 
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‘‘(E) include a clear statement of all dam-
ages and other relief awarded. 
‘‘(2) DISSENT.—A copyright claims officer who 
dissents from a decision contained in a determina-
tion may append a statement setting forth the 
grounds for such dissent. 
‘‘(3) ONLINE PUBLICATION.—The Board shall 
publish all final determinations on a publicly acces-
sible Web site maintained by the Board. 
‘‘(v) DEFAULT BY RESPONDENT.—If a respondent 
fails to appear or ceases to participate in a proceeding 
under this chapter, such as by failing to meet one or more 
deadlines or requirements set forth in the schedule adopt-
ed by the Board under subsection (k), without justifiable 
cause, the Board may issue a default determination, in 
accordance with regulations issued by the Register of 
Copyrights and the following: 
‘‘(1) REVIEW OF CLAIMANT’S EVIDENCE.—The 
Board shall review the relevant evidence and other 
information in support of the claim and any asserted 
damages and, upon review of such evidence and any 
other requested submissions from the claimant, issue 
a default determination under subsection (u). 
‘‘(2) DEFAULT DETERMINATION.— 
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‘‘(A) PREPARATION AND NOTICE.—If the 
Board finds for the claimant under paragraph 
(1), the Board shall prepare a default deter-
mination and provide a copy and written notice 
thereof to the respondent at each address, in-
cluding each email address, included in the 
records of the Board. 
‘‘(B) TIME TO CURE DEFAULT.—The no-
tice under subparagraph (A) shall state that the 
respondent may submit evidence and other in-
formation in opposition to the proposed deter-
mination not later than the 30 days after the 
date on which the notice is sent. 
‘‘(3) CLAIMANT RESPONDS TO NOTICE OF DE-
FAULT.—If the respondent responds to the notice 
under paragraph (2)(A) within the period of time 
described under paragraph (2)(B), the Board shall 
consider respondent’s submissions and, after allow-
ing the other parties to address such submissions— 
‘‘(A) amend the default determination; or 
‘‘(B) enter a final determination subject to 
section 1407(b). 
‘‘(4) CLAIMANT FAILS TO RESPOND TO NOTICE 
OF DEFAULT.—If the respondent fails to respond to 
the notice provided under paragraph (2), the Board 
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shall issue the default determination as a final deter-
mination, subject to section 1407(b). 
‘‘(w) FAILURE TO PROCEED
BY CLAIMANT
OR 
COUNTERCLAIMANT.— 
‘‘(1) FAILURE TO COMPLETE SERVICE.—If a 
claimant or counterclaimant fails to complete service 
on a respondent within the time provided under sub-
section (h), the respondent shall be dismissed from 
the proceeding without prejudice. If a claimant fails 
to complete service on all respondents within such 
time, the proceeding shall be dismissed by the Board 
without prejudice. 
‘‘(2) FAILURE TO PROSECUTE.—If a claimant 
fails to proceed in a proceeding under this chapter, 
such as by any failure to meet one or more deadlines 
or requirements set forth in the schedule adopted by 
the Board pursuant to subsection (k), without jus-
tifiable cause, the Board shall issue a final deter-
mination under subsection (u) dismissing any rel-
evant claim or counterclaim (and awarding of attor-
neys’ fees and costs if appropriate under subsection 
(z)) and provide a copy and written notice thereof to 
the claimant or counterclaimant at each address, in-
cluding each email address, included in the records 
of the Board. 
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‘‘(x) RECONSIDERATION.— 
‘‘(1) REQUEST
FOR
RECONSIDERATION.—A 
party may, not later than 14 days after the date on 
which the Board issues a final determination, submit 
a written request for reconsideration of, or amend-
ment to, the determination on the basis of an alleged 
error. The request shall identify the alleged error of 
procedure, law, or fact material to the outcome. 
‘‘(2) DETERMINATION.—After providing the 
other parties an opportunity to address a request 
under paragraph (1), the Board shall respond by ei-
ther denying the request or issuing an amended final 
determination. 
‘‘(y) REVIEW BY REGISTER OF COPYRIGHTS.— 
‘‘(1) REQUEST FOR REVIEW.—A party who has 
been denied reconsideration of a final determination 
by the Board may request review of the denial by 
the Register of Copyrights not later than 14 days 
after the date of the denial in accordance with regu-
lations issued by the Register of Copyrights, which 
shall provide for a reasonable filing fee. 
‘‘(2) STANDARD OF REVIEW.—A review under 
paragraph (1) shall be limited to consideration of 
whether the Board abused its discretion in denying 
reconsideration. 
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‘‘(3) DECISION.—After providing the other par-
ties with an opportunity to address the request 
under paragraph (1), the Register shall respond by 
denying the request or remanding the proceeding to 
the Board for reconsideration of issues identified in 
the remand and the issuance of an amended final 
determination. The amended final determination 
shall not be subject to further consideration or re-
view other than pursuant to section 1407. 
‘‘(z) CONDUCT OF PARTIES AND ATTORNEYS.— 
‘‘(1) CERTIFICATION.—Each participant in a 
proceeding under this chapter shall certify the accu-
racy and truthfulness of any statement made before 
the Board under regulations issued by the Register 
of Copyrights. 
‘‘(2) BAD FAITH.—In any final determination 
issued under subsection (u), the Board may award, 
to each adversely affected party, reasonable costs 
and attorneys’ fees not to exceed a total of $5,000 
($2,500 in the case of a party that proceeds pro se) 
if— 
‘‘(A) the Board finds that a party to the 
proceeding pursued a claim, counterclaim, or 
defense for an improper purpose or without rea-
sonable basis in law or fact; or 
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‘‘(B) a claim or counterclaim in the pro-
ceeding is dismissed for failure to prosecute 
under subsection (w)(2). 
‘‘(aa) SPECIAL RULE FOR CLAIMS OF $5,000 OR 
LESS.—Notwithstanding anything to the contrary in this 
chapter, the Register of Copyrights may issue regulations 
to provide for the disposition of any claim in which the 
total damages is $5,000 or less (exclusive of attorneys’ 
fees and costs)— 
‘‘(1) that provide for one copyright claims offi-
cer to consider and issue a determination with re-
gard to the claim; and 
‘‘(2) for which a copyright claims attorney shall 
review the claim and determine whether the case 
shall be heard by one officer or the Board. 
‘‘§ 1406. Effect of proceeding 
‘‘(a) ESTOPPEL.—Subject to subsections (x) and (y) 
of section 1405 and section 1407(b), a party to a pro-
ceeding under this chapter in which the Board has issued 
a final determination may not assert, in any proceeding, 
before any court or tribunal, any claim or counterclaim 
asserted and resolved by the final determination. The final 
determination may be cited or relied upon in a future pro-
ceeding except that— 
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‘‘(1) a final determination of the Board may 
not preclude litigation or relitigation between the 
same or different parties before any court or tri-
bunal of the same or similar issues of fact or law in 
connection with a different claim or counterclaim not 
asserted and finally determined by the determination 
of the Board; 
‘‘(2) a determination of ownership of a copy-
righted work for purposes of resolving a proceeding 
before the Board may not be relied upon, and shall 
have no preclusive effect, in any action or proceeding 
before a court or tribunal, including the Board; and 
‘‘(3) a final determination may not be cited or 
relied upon as legal precedent in any other action or 
proceeding before any court or tribunal, including 
the Board, other than as permitted under this sub-
section and section 1407. 
‘‘(b) OTHER MATERIALS IN PROCEEDING.—Except 
as permitted under this section and section 1407, a sub-
mission or statement of a party or witness made in connec-
tion with a proceeding before the Board, including a pro-
ceeding that is dismissed, shall not be cited or relied upon 
in, or serve as the basis of, any action or proceeding under 
this title before any court or tribunal, including the Board. 
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‘‘(c) SECTION 512(g).—Notwithstanding any other 
provision of law, the commencement of a proceeding by 
a claimant that is brought before the Board against a sub-
scriber of a service provider in which the claimant seeks 
a declaration of infringement concerning material that has 
been removed or to which access has been disabled by the 
service provider in response to a notification of claimed 
infringement by the claimant pursuant to section 
512(c)(1)(C) shall be a basis to preclude the replacement 
of such material by the service provider pursuant to sec-
tion 512(g) if notice of the commencement of the Board 
proceeding is provided by the claimant to the service pro-
vider’s designated agent not less than 10 and not more 
than 14 business days following receipt of a counter-
notification by the service provider pursuant to section 
512(g). 
‘‘(d) STAY OF DISTRICT COURT PROCEEDINGS.—A 
district court shall order a stay of proceedings or such 
other relief as the court determines to be appropriate with 
respect to any claim brought before the court that is the 
subject of a pending proceeding before the Board. 
‘‘(e) FAILURE TO ASSERT COUNTERCLAIM.—The 
failure or inability to assert a counterclaim in a proceeding 
before the Board shall not preclude the assertion of the 
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counterclaim in a subsequent court action or proceeding 
before the Board. 
‘‘(f) OPT-OUT OR DISMISSAL OF PARTY.—If a party 
has timely opted out of a proceeding under section 1405(i) 
or is dismissed from a proceeding before the Board issues 
a final determination in the proceeding, the final deter-
mination shall not be binding upon and shall have no pre-
clusive effect with respect to that party. 
‘‘§ 1407. Confirmation or review by district court 
‘‘(a) CONFIRMATION BY DISTRICT COURT.— 
‘‘(1) IN GENERAL.—In any proceeding in which 
a party fails to pay damages or otherwise comply 
with the relief awarded in a final determination of 
the Board, the aggrieved party may petition the 
United States District Court for the District of Co-
lumbia, or any other Federal district court of com-
petent jurisdiction, for an order confirming the relief 
awarded not later than 1 year after the latest of— 
‘‘(A) the date on which the Board issued 
the final determination under section 1405(u); 
‘‘(B) the date on which the Board denies 
reconsideration under section 1405(x); 
‘‘(C) the date on which the Register of 
Copyrights denies review under section 1405(y); 
or 
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‘‘(D) the date on which the Board issues 
an amended final determination under sub-
section (x) or subsection (y) of section 1405. 
‘‘(2) RELIEF.—The Court shall grant an order 
under subsection (a) and direct entry of judgment 
unless the determination is vacated, modified, or cor-
rected as permitted under subsection (b). The judg-
ment shall be docketed as if issued in an action in 
the United States District Court for the District of 
Columbia, or any other Federal court of competent 
jurisdiction, and shall be subject to all the provisions 
of law relating to, and of the same force and effect 
as if the judgment had been rendered in, an action 
in the jurisdiction. 
‘‘(3) FILING PROCEDURES.— 
‘‘(A) NOTICE OF FILING.—Notice of the 
petition for confirmation of a determination of 
the Board and entry of judgment shall be pro-
vided to each party to the proceeding before the 
Board, in accordance with the procedures appli-
cable to service of a motion in the United 
States District Court. If a party to be served is 
a nonresident, then notice of the petition shall 
be served by the marshal of any district within 
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which such party may be found in the same 
manner as other process of the court. 
‘‘(B) CONTENT OF FILING.—The petition 
shall include a certified and dated copy of the 
determination of the Board and a declaration 
by the petitioner, under penalty of perjury, that 
it is a true and correct copy of such determina-
tion and the date it was issued. 
‘‘(b) CHALLENGES TO A DETERMINATION.— 
‘‘(1) BASES FOR CHALLENGE.—Not later than 
90 days after the date of issuance of a final deter-
mination by the Board, a party to the relevant pro-
ceeding may petition the United States Court for the 
District of Columbia for an order vacating, modi-
fying, or correcting the final determination on the 
grounds that— 
‘‘(A) the final determination was issued as 
a result of fraud, corruption, or as a result of 
misconduct or undue means; 
‘‘(B) the Board exceeded the authority of 
the Board; 
‘‘(C) the Board so imperfectly executed the 
duties of the Board that the final determination 
was neither final nor definite regarding the 
matter of controversy; or 
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‘‘(D) the Board issued a default deter-
mination or determination based on failure to 
prosecute and the default or failure was due to 
excusable neglect. 
‘‘(2) PROCEDURE TO CHALLENGE.— 
‘‘(A) NOTICE OF FILING.—Notice of the 
petition to challenge a determination of the 
Board shall be provided to each party to the 
proceeding before the Board, in accordance with 
the procedures applicable to service of a motion 
in the United States District Court for the Dis-
trict of Columbia. If a party to be served is a 
nonresident, then notice of the application shall 
be served by the marshal of any district within 
which such party may be found in the same 
manner as other process of the court. 
‘‘(B) CONTENT OF FILING.—The petition 
shall include a certified and dated copy of the 
determination of the Board and a declaration 
by the petitioner, under penalty of perjury, that 
it is a true and correct copy of such determina-
tion and the date it was issued, and the basis 
for challenge under paragraph (1). For the pur-
poses of the application, any judge who has the 
authority to order a stay of the proceedings in 
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an action brought in the same court may make 
an order, to be served with the notice of appli-
cation, staying proceedings to enforce the 
award. 
‘‘§ 1408. Referral of Cases by District Courts 
‘‘(a) COSTS AND ATTORNEYS’ FEES.—In any case 
before a United States district court in which the court 
is considering whether to award costs or attorneys’ fees 
to a prevailing party under section 505, the district court 
may consider, among other relevant factors, whether the 
nonprevailing party had the option and could have chosen 
to proceed before the Board instead of the district court. 
‘‘(b) ALTERNATIVE DISPUTE RESOLUTION PROC-
ESS.—The Board shall qualify as an alternative dispute 
resolution process under section 651 of title 28 for pur-
poses of referral of eligible cases upon consent of the par-
ties by United States district courts. 
‘‘§ 1409. Definitions 
‘‘In this chapter: 
‘‘(1) PARTY.—The term ‘party’ refers to both a 
party and the party’s attorney, as applicable. 
‘‘(2) PERSON.—The term ‘person’ (including 
‘his’ and ‘her’) refers to both an individual and an 
entity that is amenable to legal process under appli-
cable law. 
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‘‘(3) SERVICE
PROVIDER.—The term ‘service 
provider’ has the meaning given that term in section 
512(k). 
‘‘§ 1410. Funding 
‘‘(a) DEPOSIT OF FEES.—Any fee received by the 
Copyright Office under this title shall be deposited by the 
Register and credited to the appropriations for necessary 
expenses of the Office in accordance with subsection (d) 
of section 708. 
‘‘(b) FUNDING.—There are authorized to be appro-
priated such sums as may be necessary to pay the costs 
incurred by the Copyright Office that are not covered by 
fees collected for services rendered under this chapter, in-
cluding the costs of establishing and maintaining the 
Board and the facilities of the Board.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for title 17, United States Code, is amended by adding 
after the item relating to chapter 13 the following new 
item: 
‘‘14. Copyright Claims Board .................................................................. 1401’’. 
(c) IMPLEMENTATION BY COPYRIGHT OFFICE.— 
(1) REGULATIONS.—Not later than 90 days 
after the date of the enactment of this Act, the Reg-
ister of Copyrights shall issue regulations necessary 
to carry out chapter 14 of title 17, United States 
Code, as added by subsection (a). 
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(2) NECESSARY FACILITIES.—The Register of 
Copyrights may enter into a contract with an appro-
priate entity to establish Internet-based teleconfer-
encing or other facilities necessary to carry out the 
amendment made by subsection (a). 
(3) REPORT.—Not later than 3 years after the 
date on which the Copyright Claims Board, issues 
the first determination under section 1405(u) of title 
17 United States Code, as added by subsection (a), 
the Register of Copyrights shall submit to Congress 
a report on the following: 
(A) The use and efficacy of the Copyright 
Claims Board in resolving copyright claims. 
(B) Whether adjustments to the authority 
of the Copyright Claims Board, including eligi-
ble claims, works, and applicable damages limi-
tations, are necessary or advisable. 
(C) Whether greater allowance should be 
made to permit awards of attorneys’ fees and 
costs to prevailing parties, including potential 
limitations on such awards, in proceedings 
under this chapter. 
(D) Potential mechanisms to assist copy-
right owners with small claims in ascertaining 
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the identity and location of unknown online in-
fringers. 
(E) Whether the Copyright Claims Board 
should be expanded to offer mediation or other 
nonbinding alternative dispute resolution serv-
ices to interested parties. 
(F) Such other matters as the Register of 
Copyrights determines are pertinent to the 
Copyright Claims Board. 
Æ 
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