II 
Calendar No. 266 
116TH CONGRESS 
1ST SESSION H. R. 2426 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 23, 2019 
Received; read twice and placed on the calendar 
AN ACT 
To amend title 17, United States Code, to establish an 
alternative dispute resolution program for copyright 
small claims, 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 ‘‘Copyright Alternative 
in Small-Claims Enforcement Act of 2019’’ or the ‘‘CASE 
Act of 2019’’. 
SEC. 2. COPYRIGHT SMALL CLAIMS. 
(a) IN GENERAL.—Title 17, United States Code, is 
amended by adding at the end the following: 
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‘‘CHAPTER 15—COPYRIGHT SMALL 
CLAIMS 
‘‘Sec. 
‘‘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 ‘party’— 
‘‘(A) means a party; and 
‘‘(B) includes the attorney of a party, as 
applicable; 
‘‘(2) the term ‘claimant’ means the real party 
in interest that commences a proceeding before the 
Copyright Claims Board under section 1506(e), pur-
suant 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); 
‘‘(3) the term ‘counterclaimant’ means a re-
spondent in a proceeding before the Copyright 
Claims Board that— 
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‘‘(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 re-
spect to the counterclaim described in subpara-
graph (A); and 
‘‘(4) the term ‘respondent’ means any person 
against whom a proceeding is brought before the 
Copyright Claims Board under section 1506(e), pur-
suant 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 Copy-
right 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 cat-
egory of copyrighted work, as provided in this chapter. 
‘‘(b) OFFICERS AND STAFF.— 
‘‘(1) COPYRIGHT CLAIMS OFFICERS.—The Reg-
ister of Copyrights shall recommend three 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 
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Congress to such positions after consultation with 
the Register of Copyrights. 
‘‘(2) COPYRIGHT
CLAIMS
ATTORNEYS.—The 
Register of Copyrights shall hire not fewer than two 
full-time Copyright Claims Attorneys to assist in the 
administration of the Copyright Claims Board. 
‘‘(3) QUALIFICATIONS.— 
‘‘(A) COPYRIGHT CLAIMS OFFICERS.— 
‘‘(i) IN
GENERAL.—Each Copyright 
Claims Officer shall be an attorney who 
has not fewer than 7 years of legal experi-
ence. 
‘‘(ii) EXPERIENCE.—Two of the Copy-
right Claims Officers shall have— 
‘‘(I) substantial experience in the 
evaluation, litigation, or adjudication 
of copyright infringement claims; and 
‘‘(II) between those two Officers, 
have represented or presided over a 
diversity of copyright interests, includ-
ing those of both owners and users of 
copyrighted works. 
‘‘(iii) ALTERNATIVE DISPUTE RESOLU-
TION.—The Copyright Claims Officer not 
described in clause (ii) shall have substan-
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tial familiarity with copyright law and ex-
perience in the field of alternative dispute 
resolution, including the resolution of liti-
gation matters through that method of res-
olution. 
‘‘(B) COPYRIGHT
CLAIMS
ATTORNEYS.— 
Each Copyright Claims Attorney shall be an at-
torney who has not fewer than 3 years of sub-
stantial experience in copyright law. 
‘‘(4) COMPENSATION.— 
‘‘(A) COPYRIGHT CLAIMS OFFICERS.— 
‘‘(i) DEFINITION.—In this subpara-
graph, the term ‘senior level employee of 
the Federal Government’ means an em-
ployee, other than an employee in the Sen-
ior 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 min-
imum, and not more than the maximum, 
rate of pay payable for senior level employ-
ees of the Federal Government, including 
locality pay, as applicable. 
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‘‘(B) COPYRIGHT
CLAIMS
ATTORNEYS.— 
Each Copyright Claims Attorney shall be com-
pensated 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 lo-
cality pay, as applicable. 
‘‘(5) TERMS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (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 Of-
ficer appointed shall be appointed for a 
term of 5 years. 
‘‘(iii) The third Copyright Claims Of-
ficer appointed shall be appointed for a 
term of 6 years. 
‘‘(6) VACANCIES AND INCAPACITY.— 
‘‘(A) VACANCY.— 
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‘‘(i) IN GENERAL.—If a vacancy oc-
curs in the position of a Copyright Claims 
Officer, the Librarian of Congress shall, 
upon the recommendation of and in con-
sultation with the Register of Copyrights, 
act expeditiously to appoint a Copyright 
Claims Officer for that position. 
‘‘(ii) 
VACANCY
BEFORE
EXPIRA-
TION.—An individual appointed to fill a 
vacancy occurring before the expiration of 
the term for which the predecessor of the 
individual was appointed shall be appointed 
to serve a 6-year term. 
‘‘(B) INCAPACITY.—If a Copyright Claims 
Officer is temporarily unable to perform the du-
ties of the Officer, the Librarian of Congress 
shall, upon recommendation of and in consulta-
tion with the Register of Copyrights, act expedi-
tiously to appoint an interim Copyright Claims 
Officer to perform such duties during the pe-
riod of such incapacity. 
‘‘(7) SANCTION OR REMOVAL.—Subject to sec-
tion 1503(b), the Librarian of Congress may sanc-
tion or remove a Copyright Claims Officer. 
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‘‘(8) ADMINISTRATIVE SUPPORT.—The Register 
of Copyrights shall provide the Copyright Claims Of-
ficers and Copyright Claims Attorneys with nec-
essary administrative support, including techno-
logical facilities, to carry out the duties of the Offi-
cers 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 regu-
lations, the functions of the Copyright Claims Offi-
cers 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 other-
wise appropriate for resolution by the Copyright 
Claims Board. 
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‘‘(C) To manage the proceedings before the 
Officers and render rulings pertaining to the 
consideration of claims, counterclaims, and de-
fenses, including with respect to scheduling, dis-
covery, evidentiary, and other matters. 
‘‘(D) To request, from participants and 
nonparticipants in a proceeding, the production 
of information and documents 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)(i) To award monetary relief; and 
‘‘(ii) to include in the determinations of 
the Officers a requirement that certain activi-
ties under section 1504(e)(2) cease or be miti-
gated, if the party to undertake the applicable 
measure has so agreed. 
‘‘(H) To provide information to the public 
concerning the procedures and requirements of 
the Copyright Claims Board. 
‘‘(I) To maintain records of the pro-
ceedings before the Officers, certify official 
records of such proceedings as needed, and, as 
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provided in section 1506(t), make the records 
in such proceedings available to the public. 
‘‘(J) To carry out such other duties as are 
set forth in this chapter. 
‘‘(K) When not engaged in performing the 
duties of the Officers set forth in this chapter, 
to perform such other duties as may be as-
signed by the Register of Copyrights. 
‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.—Subject 
to the provisions of this chapter and applicable regu-
lations, the functions of the Copyright Claims Attor-
neys shall be as follows: 
‘‘(A) To provide assistance to the Copy-
right Claims Officers in the administration of 
the duties of those Officers under this chapter. 
‘‘(B) To provide assistance to members of 
the public with respect to the procedures and 
requirements of the Copyright Claims Board. 
‘‘(C) To provide information to potential 
claimants contemplating bringing a permissible 
action before the Copyright Claims Board about 
obtaining a subpoena under section 512(h) for 
the sole purpose of identifying a potential re-
spondent in such an action. 
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‘‘(D) When not engaged in performing the 
duties of the Attorneys set forth in this chapter, 
to perform such other duties as may be as-
signed by the Register of Copyrights. 
‘‘(b) INDEPENDENCE IN DETERMINATIONS.— 
‘‘(1) IN
GENERAL.—The Copyright Claims 
Board shall render the determinations of the Board 
in individual proceedings independently on the basis 
of the records in the proceedings before it and in ac-
cordance with the provisions of this title, judicial 
precedent, and applicable regulations of the Register 
of Copyrights. 
‘‘(2) CONSULTATION.—The Copyright Claims 
Officers and Copyright Claims Attorneys— 
‘‘(A) may consult with the Register of 
Copyrights on general issues of law; and 
‘‘(B) subject to section 1506(x), may not 
consult with the Register of Copyrights with re-
spect to— 
‘‘(i) the facts of any particular matter 
pending before the Officers and the Attor-
neys; or 
‘‘(ii) the application of law to the 
facts described in clause (i). 
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‘‘(3) 
PERFORMANCE
APPRAISALS.—Notwith-
standing any other provision of law or any regula-
tion or policy of the Library of Congress or Register 
of Copyrights, any performance appraisal of a Copy-
right Claims Officer or Copyright Claims Attorney 
may not consider the substantive result of any indi-
vidual determination reached by the Copyright 
Claims Board as a basis for appraisal except to the 
extent that result may relate to any actual or alleged 
violation of an ethical standard of conduct. 
‘‘(c) DIRECTION
BY REGISTER.—Subject to sub-
section (b), the Copyright Claims Officers and Copyright 
Claims Attorneys shall, in the administration of their du-
ties, be under the general direction of the Register of 
Copyrights. 
‘‘(d) INCONSISTENT DUTIES BARRED.—A Copyright 
Claims Officer or Copyright Claims Attorney may not un-
dertake any duty that conflicts with the duties of the Offi-
cer or Attorney in connection with the Copyright Claims 
Board. 
‘‘(e) RECUSAL.—A Copyright Claims Officer or Copy-
right Claims Attorney shall recuse himself or herself from 
participation in any proceeding with respect to which the 
Copyright Claims Officer or Copyright Claims Attorney, 
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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 re-
frain from ex parte communications with the Copyright 
Claims Officers and the Register of Copyrights concerning 
the substance of any active or pending proceeding before 
the Copyright Claims Board. 
‘‘(g) JUDICIAL REVIEW.—Actions of the Copyright 
Claims Officers and Register of Copyrights under this 
chapter in connection with the rendering of any deter-
mination 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 vol-
untary 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.— 
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‘‘(1) IN GENERAL.—A proceeding may not be 
maintained before the Copyright Claims Board un-
less the proceeding is commenced, in accordance 
with section 1506(e), before the Copyright Claims 
Board within 3 years after the claim accrued. 
‘‘(2) TOLLING.—Subject to section 1507(a), a 
proceeding commenced 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 pend-
ing. 
‘‘(c) PERMISSIBLE CLAIMS, COUNTERCLAIMS, AND 
DEFENSES.—The Copyright Claims Board 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 estab-
lished 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 limita-
tions set forth in subsection (e)(1). 
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‘‘(2) A claim for a declaration of noninfringe-
ment 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 misrepre-
sentation in connection with a notification of claimed 
infringement or a counter notification seeking to re-
place removed or disabled material, except that any 
remedies relating to such a claim in a proceeding be-
fore 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 counterclaim-
ant seeks damages, if any, within the limita-
tions set forth in subsection (e)(1); and 
‘‘(B) that— 
‘‘(i) arises under section 106 or sec-
tion 512(f) and out of the same trans-
action or occurrence that is the subject of 
a claim of infringement brought under 
paragraph (1), a claim of noninfringement 
brought under paragraph (2), or a claim of 
misrepresentation brought under para-
graph (3); or 
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‘‘(ii) arises under an agreement per-
taining to the same transaction or occur-
rence that is the subject of a claim of in-
fringement 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 otherwise 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 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 infringing activity or contin-
uous 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 
counterclaims are not subject to determination by the 
Copyright Claims Board: 
‘‘(1) A claim or counterclaim that is not a per-
missible claim or counterclaim under subsection (c). 
‘‘(2) A claim or counterclaim that has been fi-
nally adjudicated by a court of competent jurisdic-
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tion 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 counterclaims under this 
chapter. 
‘‘(e) PERMISSIBLE REMEDIES.— 
‘‘(1) MONETARY RECOVERY.— 
‘‘(A) ACTUAL
DAMAGES, PROFITS, AND 
STATUTORY
DAMAGES
FOR
INFRINGEMENT.— 
With respect to a claim or counterclaim for in-
fringement of copyright, and subject to the limi-
tation on total monetary recovery under sub-
paragraph (D), the Copyright Claims Board 
may award either of the following: 
‘‘(i) Actual damages and profits deter-
mined in accordance with section 504(b), 
with that award taking into consideration, 
in appropriate cases, whether the infring-
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ing 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 following 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 registered 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 one proceeding. 
‘‘(III) The Copyright Claims 
Board may not make any finding 
that, or consider whether, the in-
fringement was committed willfully in 
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making an award of statutory dam-
ages. 
‘‘(IV) 
The 
Copyright 
Claims 
Board may consider, as an additional 
factor in awarding statutory damages, 
whether the infringer has agreed to 
cease or mitigate the infringing activ-
ity under paragraph (2). 
‘‘(B) ELECTION OF DAMAGES.—With re-
spect to a claim or counterclaim of infringe-
ment, at any time before final determination is 
rendered, and notwithstanding the schedule es-
tablished by the Copyright Claims Board under 
section 1506(k), the claimant or counterclaim-
ant shall elect— 
‘‘(i) to recover actual damages and 
profits or statutory damages under sub-
paragraph (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). 
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‘‘(D) LIMITATION
ON
TOTAL
MONETARY 
RECOVERY.—Notwithstanding any other provi-
sion of law, a party that pursues any one or 
more claims or counterclaims in any single pro-
ceeding 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 ACTIV-
ITY.—In a determination 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— 
‘‘(i) to cease activity that is found to 
be infringing, including removing or dis-
abling access to, or destroying, infringing 
materials; or 
‘‘(ii) to cease sending a takedown no-
tice 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 
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material misrepresentation under section 
512(f); and 
‘‘(B) the agreement described in subpara-
graph (A) is reflected in the record for the pro-
ceeding. 
‘‘(3) ATTORNEYS’ FEES AND COSTS.—Notwith-
standing 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 severally liable if all such parties and 
relevant claims or counterclaims arise from the same ac-
tivity or activities. 
‘‘(g) PERMISSIBLE NUMBER OF CASES.—The Reg-
ister of Copyrights may establish regulations relating to 
the permitted number of proceedings each year by the 
same claimant under this chapter, in the interests of jus-
tice 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 
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in a copyrighted work may not be asserted before the 
Copyright Claims Board unless— 
‘‘(1) the legal or beneficial owner of the copy-
right 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.—Notwith-
standing any other provision of law, a claimant or counter-
claimant in a proceeding before the Copyright Claims 
Board shall be eligible to recover actual damages and prof-
its or statutory damages under this chapter for infringe-
ment of a work if the requirements of subsection (a) have 
been met, except that— 
‘‘(1) the Copyright Claims Board may not 
render a determination 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 certificate; 
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‘‘(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 Copy-
right Claims Board, except that, if the proceeding is 
held in abeyance for more than 1 year, the Copy-
right Claims Board may, upon providing written no-
tice to the parties to the proceeding, and 30 days to 
the parties to respond to the notice, dismiss the pro-
ceeding without prejudice; and 
‘‘(3) if the Copyright Claims Board receives no-
tice that registration with respect to the work has 
been refused, the proceeding shall be dismissed with-
out prejudice. 
‘‘(c) PRESUMPTION.—In a case in which a registra-
tion 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 proceeding before the Copy-
right 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 regula-
tions allowing the Copyright Office to make a decision, 
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on an expedited basis, to issue or deny copyright registra-
tion 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 ac-
cordance with this chapter and regulations estab-
lished by the Register of Copyrights under this chap-
ter, 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 ac-
tion 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 one such jurisdic-
tion, 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. 
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‘‘(c) CENTRALIZED PROCESS.—Proceedings before 
the Copyright Claims Board shall— 
‘‘(1) be conducted at the offices of the Copy-
right Claims Board without the requirement of in- 
person appearances by parties or others; and 
‘‘(2) take place by means of written submis-
sions, hearings, and conferences carried out through 
internet-based applications and other telecommuni-
cations facilities, except that, in cases in which phys-
ical 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 al-
ternative arrangements for the submission of such 
evidence that do not prejudice any other party to the 
proceeding. 
‘‘(d) REPRESENTATION.—A party to a proceeding be-
fore the Copyright Claims Board may be, but is not re-
quired to be, represented by— 
‘‘(1) an attorney; or 
‘‘(2) a law student who is qualified under appli-
cable law governing representation by law students 
of parties in legal proceedings and who provides 
such representation on a pro bono basis. 
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‘‘(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 established 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 estab-
lished 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 regula-
tions, subject to the following: 
‘‘(A) If the claim is found to comply, the 
claimant shall be notified regarding that com-
pliance 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 
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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 claimant 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 defi-
cient and shall be provided a second oppor-
tunity to amend the claim within 30 days after 
the date of that second notice, without the re-
quirement 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 non-
compliance by a Copyright Claims Officer, the 
proceeding shall be dismissed without prejudice. 
The Copyright Claims Board shall also dismiss 
without prejudice any proceeding in which a 
compliant claim is not filed within the applica-
ble 30-day period. 
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‘‘(C)(i) Subject to clause (ii), for purposes 
of this paragraph, a claim against an online 
service provider for infringement by reason of 
the storage of or referral or linking to infring-
ing material that may be subject to the limita-
tions on liability set forth in subsection (b), (c), 
or (d) of section 512 shall be considered non-
compliant unless the claimant affirms in the 
statement required under subsection (e)(1) of 
this section that the claimant has previously no-
tified the service provider of the claimed in-
fringement 
in 
accordance 
with 
subsection 
(b)(2)(E), (c)(3), or (d)(3) of section 512, as 
applicable, and the service provider failed to re-
move or disable access to the material expedi-
tiously upon the provision of such notice. 
‘‘(ii) If a claim is found to be noncompliant 
under clause (i), the Copyright Claims Board 
shall provide the claimant with information con-
cerning 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 
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