H. R. 133—1015 
Board may not be cited or relied upon as legal precedent 
in any other action or proceeding before any court or tribunal, 
including the Copyright Claims Board. 
‘‘(b) CLASS ACTIONS NOT AFFECTED.— 
‘‘(1) IN
GENERAL.—A proceeding before the Copyright 
Claims Board shall not have any effect on a class action pro-
ceeding in a district court of the United States, and section 
1509(a) shall not apply to a class action proceeding in a district 
court of the United States. 
‘‘(2) NOTICE
OF
CLASS
ACTION.—Any party to an active 
proceeding before the Copyright Claims Board who receives 
notice of a pending class action, arising out of the same trans-
action or occurrence as the proceeding before the Copyright 
Claims Board, in which the party is a class member shall 
either— 
‘‘(A) opt out of the class action, in accordance with 
regulations established by the Register of Copyrights; or 
‘‘(B) seek dismissal under section 1506(q)(3) of the pro-
ceeding before the Copyright Claims Board. 
‘‘(c) OTHER MATERIALS IN PROCEEDING.—Except as permitted 
under this section and section 1508, a submission or statement 
of a party or witness made in connection with a proceeding before 
the Copyright Claims Board, including a proceeding that is dis-
missed, may not be cited or relied upon in, or serve as the basis 
of, any action or proceeding concerning rights or limitations on 
rights under this title before any court or tribunal, including the 
Copyright Claims Board. 
‘‘(d) APPLICABILITY OF SECTION 512(g).—A claim or counterclaim 
before the Copyright Claims Board that is brought under subsection 
(c)(1) or (c)(4) of section 1504, or brought under subsection (c)(6) 
of section 1504 and that relates to a claim under subsection (c)(1) 
or (c)(4) of such section, qualifies as an action seeking an order 
to restrain a subscriber from engaging in infringing activity under 
section 512(g)(2)(C) if— 
‘‘(1) notice of the commencement of the Copyright Claims 
Board proceeding is provided by the claimant to the service 
provider’s designated agent before the service provider replaces 
the material following receipt of a counter notification under 
section 512(g); and 
‘‘(2) the claim brought alleges infringement of the material 
identified in the notification of claimed infringement under 
section 512(c)(1)(C). 
‘‘(e) FAILURE
TO
ASSERT
COUNTERCLAIM.—The failure or 
inability to assert a counterclaim in a proceeding before the Copy-
right Claims Board shall not preclude the assertion of that counter-
claim in a subsequent court action or proceeding before the Copy-
right Claims Board. 
‘‘(f) OPT-OUT OR DISMISSAL OF PARTY.—If a party has timely 
opted out of a proceeding under section 1506(i) or is dismissed 
from a proceeding before the Copyright Claims Board issues a 
final determination in the proceeding, the determination shall not 
be binding upon and shall have no preclusive effect with respect 
to that party. 
‘‘§ 1508. Review and confirmation by district court 
‘‘(a) IN GENERAL.—In any proceeding in which a party has 
failed to pay damages, or has failed otherwise to comply with
H. R. 133—1016 
the relief, awarded in a final determination of the Copyright Claims 
Board, including a default determination or a determination based 
on a failure to prosecute, the aggrieved party may, not later than 
1 year after the date on which the final determination is issued, 
any reconsideration by the Copyright Claims Board or review by 
the Register of Copyrights is resolved, or an amended final deter-
mination is issued, whichever occurs last, apply to the United 
States District Court for the District of Columbia or any other 
appropriate district court of the United States for an order con-
firming the relief awarded in the final determination and reducing 
such award to judgment. The court shall grant such order and 
direct entry of judgment unless the determination is or has been 
vacated, modified, or corrected under subsection (c). If the United 
States District Court for the District of Columbia or other district 
court of the United States, as the case may be, issues an order 
confirming the relief awarded by the Copyright Claims Board, the 
court shall impose on the party who failed to pay damages or 
otherwise comply with the relief, the reasonable expenses required 
to secure such order, including attorneys’ fees, that were incurred 
by the aggrieved party. 
‘‘(b) FILING PROCEDURES.— 
‘‘(1) APPLICATION TO CONFIRM DETERMINATION.—Notice of 
the application under subsection (a) for confirmation of a deter-
mination of the Copyright Claims Board and entry of judgment 
shall be provided to all parties to the proceeding before the 
Copyright Claims Board that resulted in the determination, 
in accordance with the procedures applicable to service of a 
motion in the district court of the United States where the 
application is made. 
‘‘(2) CONTENTS
OF
APPLICATION.—The application under 
subsection (a) shall include the following: 
‘‘(A) A certified copy of the final or amended final 
determination of the Copyright Claims Board, as reflected 
in the records of the Copyright Claims Board, following 
any process of reconsideration or review by the Register 
of Copyrights, to be confirmed and rendered to judgment. 
‘‘(B) A declaration by the applicant, under penalty of 
perjury— 
‘‘(i) that the copy is a true and correct copy of 
such determination; 
‘‘(ii) stating the date the determination was issued; 
‘‘(iii) stating the basis for the challenge under sub-
section (c)(1); and 
‘‘(iv) stating whether the applicant is aware of 
any other proceedings before the court concerning the 
same determination of the Copyright Claims Board. 
‘‘(c) CHALLENGES TO THE DETERMINATION.— 
‘‘(1) BASES FOR CHALLENGE.—Not later than 90 days after 
the date on which the Copyright Claims Board issues a final 
or amended final determination in a proceeding, or not later 
than 90 days after the date on which the Register of Copyrights 
completes any process of reconsideration or review of the deter-
mination, whichever occurs later, a party may seek an order 
from a district court of the United States vacating, modifying, 
or correcting the determination of the Copyright Claims Board 
in the following cases:
H. R. 133—1017 
‘‘(A) If the determination was issued as a result of 
fraud, corruption, misrepresentation, or other misconduct. 
‘‘(B) If the Copyright Claims Board exceeded its 
authority or failed to render a final determination con-
cerning the subject matter at issue. 
‘‘(C) In the case of a default determination or deter-
mination based on a failure to prosecute, if it is established 
that the default or failure was due to excusable neglect. 
‘‘(2) PROCEDURE TO CHALLENGE.— 
‘‘(A) NOTICE OF APPLICATION.—Notice of the application 
to challenge a determination of the Copyright Claims Board 
shall be provided to all parties to the proceeding before 
the Copyright Claims Board, in accordance with the proce-
dures applicable to service of a motion in the court where 
the application is made. 
‘‘(B) STAYING OF PROCEEDINGS.—For purposes of an 
application under this subsection, any judge who is author-
ized to issue an order to stay the proceedings in another 
action brought in the same court may issue an order, 
to be served with the notice of application, staying pro-
ceedings to enforce the award while the challenge is 
pending. 
‘‘§ 1509. Relationship to other district court actions 
‘‘(a) STAY OF DISTRICT COURT PROCEEDINGS.—Subject to section 
1507(b), a district court of the United States shall issue a stay 
of proceedings or such other relief as the court determines appro-
priate with respect to any claim brought before the court that 
is already the subject of a pending or active proceeding before 
the Copyright Claims Board. 
‘‘(b) ALTERNATIVE
DISPUTE
RESOLUTION
PROCESS.—A pro-
ceeding before the Copyright Claims Board under this chapter 
shall qualify as an alternative dispute resolution process under 
section 651 of title 28 for purposes of referral of eligible cases 
by district courts of the United States upon the consent of the 
parties. 
‘‘§ 1510. Implementation by Copyright Office 
‘‘(a) REGULATIONS.— 
‘‘(1) IMPLEMENTATION GENERALLY.—The Register of Copy-
rights shall establish regulations to carry out this chapter. 
Such regulations shall include the fees prescribed under sub-
sections (e) and (x) of section 1506. The authority to issue 
such fees shall not limit the authority of the Register of Copy-
rights to establish fees for services under section 708. All fees 
received by the Copyright Office in connection with the activi-
ties under this chapter shall be deposited by the Register 
of Copyrights and credited to the appropriations for necessary 
expenses of the Office in accordance with section 708(d). In 
establishing regulations under this subsection, the Register 
of Copyrights shall provide for the efficient administration of 
the Copyright Claims Board, and for the ability of the Copyright 
Claims Board to timely complete proceedings instituted under 
this chapter, including by implementing mechanisms to prevent 
harassing or improper use of the Copyright Claims Board by 
any party. 
‘‘(2) LIMITS ON MONETARY RELIEF.—
H. R. 133—1018 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), not 
earlier than 3 years after the date on which Copyright 
Claims Board issues the first determination of the Copy-
right Claims Board, the Register of Copyrights may, in 
order to further the goals of the Copyright Claims Board, 
conduct a rulemaking to adjust the limits on monetary 
recovery or attorneys’ fees and costs that may be awarded 
under this chapter. 
‘‘(B) EFFECTIVE DATE OF ADJUSTMENT.—Any rule under 
subparagraph (A) that makes an adjustment shall take 
effect at the end of the 120-day period beginning on the 
date on which the Register of Copyrights submits the rule 
to Congress and only if Congress does not, during that 
120-day period, enact a law that provides in substance 
that Congress does not approve the rule. 
‘‘(b) NECESSARY FACILITIES.—Subject to applicable law, the Reg-
ister of Copyrights may retain outside vendors to establish internet- 
based, teleconferencing, and other facilities required to operate 
the Copyright Claims Board. 
‘‘(c) FEES.—Any filing fees, including the fee to commence a 
proceeding under section 1506(e), shall be prescribed in regulations 
established by the Register of Copyrights. The sum total of such 
filing fees shall be in an amount of not less than $100, may 
not exceed the cost of filing an action in a district court of the 
United States, and shall be fixed in amounts that further the 
goals of the Copyright Claims Board. 
‘‘§ 1511. Funding 
‘‘There are authorized to be appropriated such sums as may 
be necessary to pay the costs incurred by the Copyright Office 
under this chapter that are not covered by fees collected for services 
rendered under this chapter, including the costs of establishing 
and maintaining the Copyright Claims Board and its facilities.’’. 
(c) CLERICAL AMENDMENT.—The table of chapters for title 17, 
United States Code, is amended by adding at the end the following: 
‘‘15. Copyright Small Claims ........................................................................... 1501’’. 
(d) IMPLEMENTATION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), not 
later than 1 year after the date of enactment of this Act, 
the Copyright Claims Board established under section 1502 
of title 17, United States Code, as added by subsection (b) 
of this section, shall begin operations. 
(2) EXTENSION.—The Register of Copyrights may, for good 
cause, extend the deadline under paragraph (1) by not more 
than 180 days if the Register of Copyrights provides notice 
of the extension to the public and to Congress. 
(e) STUDY.—Not later than 3 years after the date on which 
the Copyright Claims Board issues the first determination of the 
Copyright Claims Board under chapter 15 of title 17, United States 
Code, as added by subsection (b) of this section, the Register of 
Copyrights shall conduct, and report to Congress on, a study that 
addresses the following: 
(1) The use and efficacy of the Copyright Claims Board 
in resolving copyright claims, including the number of pro-
ceedings the Copyright Claims Board could reasonably admin-
ister.