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counterclaim without prejudice if, upon reviewing 
the claim or counterclaim, or at any other time in 
the proceeding, the Copyright Claims Board con-
cludes that the claim or counterclaim is unsuitable 
for determination by the Copyright Claims Board, 
including on account of any of the following: 
‘‘(A) The failure to join a necessary party. 
‘‘(B) The lack of an essential witness, evi-
dence, or expert testimony. 
‘‘(C) The determination of a relevant issue 
of law or fact that could exceed either the num-
ber of proceedings the Copyright Claims Board 
could reasonably administer or the subject mat-
ter competence of the Copyright Claims Board. 
‘‘(g) SERVICE OF NOTICE AND CLAIMS.—In order to 
proceed with a claim against a respondent, a claimant 
shall, within 90 days after receiving notification under 
subsection (f) to proceed with service, file with the Copy-
right Claims Board proof of service on the respondent. In 
order to effectuate service on a respondent, the claimant 
shall cause notice of the proceeding and a copy of the 
claim to be served on the respondent, either by personal 
service or pursuant to a waiver of personal service, as pre-
scribed in regulations established by the Register of Copy-
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rights. Such regulations shall include the following re-
quirements: 
‘‘(1) The notice of the proceeding shall adhere 
to a prescribed form and shall set forth the nature 
of the Copyright Claims Board and proceeding, the 
right of the respondent to opt out, and the con-
sequences of opting out and not opting out, includ-
ing a prominent statement that, by not opting out 
within 60 days after receiving the notice, the re-
spondent— 
‘‘(A) loses the opportunity to have the dis-
pute decided by a court created under article 
III of the Constitution of the United States; 
and 
‘‘(B) waives the right to a jury trial re-
garding the dispute. 
‘‘(2) The copy of the claim served on the re-
spondent shall be the same as the claim that was 
filed with the Copyright Claims Board. 
‘‘(3) Personal service of a notice and claim may 
be effected by an individual who is not a party to 
the proceeding and is older than 18 years of age. 
‘‘(4) An individual, other than a minor or in-
competent individual, may be served by— 
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‘‘(A) complying with State law for serving 
a summons in an action brought in courts of 
general jurisdiction in the State where service is 
made; 
‘‘(B) delivering a copy of the notice and 
claim to the individual personally; 
‘‘(C) leaving a copy of the notice and claim 
at the individual’s dwelling or usual place of 
abode with someone of suitable age and discre-
tion who resides there; or 
‘‘(D) delivering a copy of the notice and 
claim to an agent designated by the respondent 
to receive service of process or, if not so des-
ignated, an agent authorized by appointment or 
by law to receive service of process. 
‘‘(5)(A) A corporation, partnership, or unincor-
porated association that is subject to suit in courts 
of general jurisdiction under a common name shall 
be served by delivering a copy of the notice and 
claim to its service agent. If such service agent has 
not been designated, service shall be accomplished— 
‘‘(i) by complying with State law for serv-
ing a summons in an action brought in courts 
of general jurisdiction in the State where serv-
ice is made; or 
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‘‘(ii) by delivering a copy of the notice and 
claim to an officer, a managing or general 
agent, or any other agent authorized by ap-
pointment or by law to receive service of proc-
ess in an action brought in courts of general ju-
risdiction in the State where service is made 
and, if the agent is one authorized by statute 
and the statute so requires, by also mailing a 
copy of the notice and claim to the respondent. 
‘‘(B) A corporation, partnership or unincor-
porated association that is subject to suit in courts 
of general jurisdiction under a common name may 
elect to designate a service agent to receive notice of 
a claim against it before the Copyright Claims 
Board by complying with requirements that the Reg-
ister of Copyrights shall establish by regulation. The 
Register of Copyrights shall maintain a current di-
rectory of service agents that is available to the pub-
lic for inspection, including through the internet, 
and may require such corporations, partnerships, 
and unincorporated associations designating such 
service agents to pay a fee to cover the costs of 
maintaining the directory. 
‘‘(6) In order to request a waiver of personal 
service, the claimant may notify a respondent, by 
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first class mail or by other reasonable means, that 
a proceeding has been commenced, such notice to be 
made in accordance with regulations established by 
the Register of Copyrights, subject to the following: 
‘‘(A) Any such request shall be in writing, 
shall be addressed to the respondent, and shall 
be accompanied by a prescribed notice of the 
proceeding, a copy of the claim as filed with the 
Copyright Claims Board, a prescribed form for 
waiver of personal service, and a prepaid or 
other means of returning the form without cost. 
‘‘(B) The request shall state the date on 
which the request is sent, and shall provide the 
respondent a period of 30 days, beginning on 
the date on which the request is sent, to return 
the waiver form signed by the respondent. The 
signed waiver form shall, for purposes of this 
subsection, constitute acceptance and proof of 
service as of the date on which the waiver is 
signed. 
‘‘(7)(A) A respondent’s waiver of personal serv-
ice shall not constitute a waiver of the respondent’s 
right to opt out of the proceeding. 
‘‘(B) A respondent who timely waives personal 
service under paragraph (6) and does not opt out of 
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the proceeding shall be permitted a period of 30 
days, in addition to the period otherwise permitted 
under the applicable procedures of the Copyright 
Claims Board, to submit a substantive response to 
the claim, including any defenses and counterclaims. 
‘‘(8) A minor or an incompetent individual may 
only be served by complying with State law for serv-
ing a summons or like process on such an individual 
in an action brought in the courts of general juris-
diction of the State where service is made. 
‘‘(9) Service of a claim and waiver of personal 
service may only be effected within the United 
States. 
‘‘(h) 
NOTIFICATION
BY
COPYRIGHT
CLAIMS 
BOARD.—The Register of Copyrights shall establish regu-
lations providing for a written notification to be sent by, 
or on behalf of, the Copyright Claims Board to notify the 
respondent of a pending proceeding against the respond-
ent, as set forth in those regulations, which shall— 
‘‘(1) include information concerning the re-
spondent’s right to opt out of the proceeding, the 
consequences of opting out and not opting out, and 
a prominent statement that, by not opting out with-
in 60 days after the date of service under subsection 
(g), the respondent loses the opportunity to have the 
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dispute decided by a court created under article III 
of the Constitution of the United States and waives 
the right to a jury trial regarding the dispute; and 
‘‘(2) be in addition to, and separate and apart 
from, the notice requirements under subsection (g). 
‘‘(i) OPT-OUT PROCEDURE.—Upon being properly 
served with a notice and claim, a respondent who chooses 
to opt out of the proceeding shall have a period of 60 days, 
beginning on the date of service, in which to provide writ-
ten notice of such choice to the Copyright Claims Board, 
in accordance with regulations established by the Register 
of Copyrights. If proof of service has been filed by the 
claimant and the respondent does not submit an opt-out 
notice to the Copyright Claims Board within that 60-day 
period, the proceeding shall be deemed an active pro-
ceeding and the respondent shall be bound by the deter-
mination in the proceeding to the extent provided under 
section 1507(a). If the respondent opts out of the pro-
ceeding during that 60-day period, the proceeding shall 
be dismissed without prejudice, except that, in exceptional 
circumstances and upon written notice to the claimant, the 
Copyright Claims Board may extend that 60-day period 
in the interests of justice. 
‘‘(j) SERVICE OF OTHER DOCUMENTS.—Documents 
submitted or relied upon in a proceeding, other than the 
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notice and claim, shall be served in accordance with regu-
lations established by the Register of Copyrights. 
‘‘(k) SCHEDULING.—Upon confirmation that a pro-
ceeding has become an active proceeding, the Copyright 
Claims Board shall issue a schedule for the future conduct 
of the proceeding. The schedule shall not specify a time 
that a claimant or counterclaimant is required make an 
election of damages that is inconsistent with section 
1504(e). A schedule issued by the Copyright Claims Board 
may be amended by the Copyright Claims Board in the 
interests of justice. 
‘‘(l) CONFERENCES.—One or more Copyright Claims 
Officers may hold a conference to address case manage-
ment or discovery issues in a proceeding, which shall be 
noted upon the record of the proceeding and may be re-
corded or transcribed. 
‘‘(m) PARTY SUBMISSIONS.—A proceeding of the 
Copyright Claims Board may not include any formal mo-
tion practice, except that, subject to applicable regulations 
and procedures of the Copyright Claims Board— 
‘‘(1) the parties to the proceeding may make re-
quests to the Copyright Claims Board to address 
case management and discovery matters, and submit 
responses thereto; and 
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‘‘(2) the Copyright Claims Board may request 
or permit parties to make submissions addressing 
relevant questions of fact or law, or other matters, 
including matters raised sua sponte by the Copy-
right Claims Officers, and offer responses thereto. 
‘‘(n) DISCOVERY.—Discovery in a proceeding shall be 
limited to the production of relevant information and doc-
uments, written interrogatories, and written requests for 
admission, as provided in regulations established by the 
Register of Copyrights, except that— 
‘‘(1) upon the request of a party, and for good 
cause shown, the Copyright Claims Board may ap-
prove additional relevant discovery, on a limited 
basis, in particular matters, and may request spe-
cific information and documents from participants in 
the proceeding and voluntary submissions from non-
participants, consistent with the interests of justice; 
‘‘(2) upon the request of a party, and for good 
cause shown, the Copyright Claims Board may issue 
a protective order to limit the disclosure of docu-
ments or testimony that contain confidential infor-
mation; and 
‘‘(3) after providing notice and an opportunity 
to respond, and upon good cause shown, the Copy-
right Claims Board may apply an adverse inference 
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with respect to disputed facts against a party who 
has failed to timely provide discovery materials in 
response to a proper request for materials that could 
be relevant to such facts. 
‘‘(o) EVIDENCE.—The Copyright Claims Board may 
consider the following types of evidence in a proceeding, 
and such evidence may be admitted without application 
of formal rules of evidence: 
‘‘(1) Documentary and other nontestimonial 
evidence that is relevant to the claims, counter-
claims, or defenses in the proceeding. 
‘‘(2) Testimonial evidence, submitted under 
penalty of perjury in written form or in accordance 
with subsection (p), limited to statements of the par-
ties and nonexpert witnesses, that is relevant to the 
claims, counterclaims, and defenses in a proceeding, 
except that, in exceptional cases, expert witness tes-
timony or other types of testimony may be permitted 
by the Copyright Claims Board for good cause 
shown. 
‘‘(p) HEARINGS.—The Copyright Claims Board may 
conduct a hearing to receive oral presentations on issues 
of fact or law from parties and witnesses to a proceeding, 
including oral testimony, subject to the following: 
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‘‘(1) Any such hearing shall be attended by not 
fewer than two of the Copyright Claims Officers. 
‘‘(2) The hearing shall be noted upon the record 
of the proceeding and, subject to paragraph (3), may 
be recorded or transcribed as deemed necessary by 
the Copyright Claims Board. 
‘‘(3) A recording or transcript of the hearing 
shall be made available to any Copyright Claims Of-
ficer who is not in attendance. 
‘‘(q) VOLUNTARY DISMISSAL.— 
‘‘(1) BY CLAIMANT.—Upon the written request 
of a claimant that is received before a respondent 
files a response to the claim in a proceeding, the 
Copyright Claims Board shall dismiss the pro-
ceeding, or a claim or respondent, as requested, 
without prejudice. 
‘‘(2) BY COUNTERCLAIMANT.—Upon written re-
quest of a counterclaimant that is received before a 
claimant files a response to the counterclaim, the 
Copyright Claims Board shall dismiss the counter-
claim, such dismissal to be without prejudice. 
‘‘(3) CLASS ACTIONS.—Any party in an active 
proceeding before the Copyright Claims Board who 
receives notice of a pending or putative class action, 
arising out of the same transaction or occurrence, in 
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which that party is a class member may request in 
writing dismissal of the proceeding before the Board. 
Upon notice to all claimants and counterclaimants, 
the Copyright Claims Board shall dismiss the pro-
ceeding without prejudice. 
‘‘(r) SETTLEMENT.— 
‘‘(1) IN GENERAL.—At any time in an active 
proceeding, some or all of the parties may— 
‘‘(A) jointly request a conference with a 
Copyright Claims Officer for the purpose of fa-
cilitating settlement discussions; or 
‘‘(B) submit to the Copyright Claims 
Board an agreement providing for settlement 
and dismissal of some or all of the claims and 
counterclaims in the proceeding. 
‘‘(2) ADDITIONAL
REQUEST.—A submission 
under paragraph (1)(B) may include a request that 
the Copyright Claims Board adopt some or all of the 
terms of the parties’ settlement in a final determina-
tion in the proceeding. 
‘‘(s) FACTUAL FINDINGS.—Subject to subsection 
(n)(3), the Copyright Claims Board shall make factual 
findings based upon a preponderance of the evidence. 
‘‘(t) DETERMINATIONS.— 
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‘‘(1) NATURE AND CONTENTS.—A determina-
tion rendered by the Copyright Claims Board in a 
proceeding shall— 
‘‘(A) be reached by a majority of the Copy-
right Claims Board; 
‘‘(B) be in writing, and include an expla-
nation of the factual and legal basis of the de-
termination; 
‘‘(C) set forth any terms by which a re-
spondent 
or 
counterclaim 
respondent 
has 
agreed to cease infringing activity under section 
1504(e)(2); 
‘‘(D) to the extent requested under sub-
section (r)(2), set forth the terms of any settle-
ment agreed to under subsection (r)(1); and 
‘‘(E) include a clear statement of all dam-
ages and other relief awarded, including under 
subparagraphs (C) and (D). 
‘‘(2) DISSENT.—A Copyright Claims Officer 
who dissents from a decision contained in a deter-
mination under paragraph (1) may append a state-
ment setting forth the grounds for that dissent. 
‘‘(3) PUBLICATION.—Each final determination 
of the Copyright Claims Board shall be made avail-
able on a publicly accessible website. The Register 
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shall establish regulations with respect to the publi-
cation of other records and information relating to 
such determinations, including the redaction of 
records to protect confidential information that is 
the subject of a protective order under subsection 
(n)(2). 
‘‘(4) FREEDOM OF INFORMATION ACT.—All in-
formation relating to proceedings of the Copyright 
Claims Board under this title is exempt from disclo-
sure to the public under section 552(b)(3) of title 5, 
except for determinations, records, and information 
published under paragraph (3). 
‘‘(u) RESPONDENT’S DEFAULT.—If a proceeding has 
been deemed an active proceeding but the respondent has 
failed to appear or has ceased participating in the pro-
ceeding, as demonstrated by the respondent’s failure, 
without justifiable cause, to meet one or more deadlines 
or requirements set forth in the schedule adopted by the 
Copyright Claims Board under subsection (k), the Copy-
right Claims Board may enter a default determination, in-
cluding the dismissal of any counterclaim asserted by the 
respondent, as follows and in accordance with such other 
requirements as the Register of Copyrights may establish 
by regulation: 
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‘‘(1) The Copyright Claims Board shall require 
the claimant to submit relevant evidence and other 
information in support of the claimant’s claim and 
any asserted damages and, upon review of such evi-
dence and any other requested submissions from the 
claimant, shall determine whether the materials so 
submitted are sufficient to support a finding in favor 
of the claimant under applicable law and, if so, the 
appropriate relief and damages, if any, to be award-
ed. 
‘‘(2) If the Copyright Claims Board makes an 
affirmative determination under paragraph (1), the 
Copyright Claims Board shall prepare a proposed 
default determination, and shall provide written no-
tice to the respondent at all addresses, including 
email addresses, reflected in the records of the pro-
ceeding before the Copyright Claims Board, of the 
pendency of a default determination by the Copy-
right Claims Board and of the legal significance of 
such determination. Such notice shall be accom-
panied by the proposed default determination and 
shall provide that the respondent has a period of 30 
days, beginning on the date of the notice, to submit 
any evidence or other information in opposition to 
the proposed default determination. 
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‘‘(3) If the respondent responds to the notice 
provided under paragraph (2) within the 30-day pe-
riod provided in such paragraph, the Copyright 
Claims Board shall consider respondent’s submis-
sions and, after allowing the other parties to address 
such submissions, maintain, or amend its proposed 
determination as appropriate, and the resulting de-
termination shall not be a default determination. 
‘‘(4) If the respondent fails to respond to the 
notice provided under paragraph (2), the Copyright 
Claims Board shall proceed to issue the default de-
termination as a final determination. Thereafter, the 
respondent may only challenge such determination to 
the extent permitted under section 1508(c), except 
that, before any additional proceedings are initiated 
under section 1508, the Copyright Claims Board 
may, in the interests of justice, vacate the default 
determination. 
‘‘(v) CLAIMANT’S FAILURE TO PROCEED.— 
‘‘(1) FAILURE TO COMPLETE SERVICE.—If a 
claimant fails to complete service on a respondent 
within the 90-day period required under subsection 
(g), the Copyright Claims Board shall dismiss that 
respondent from the proceeding without prejudice. If 
a claimant fails to complete service on all respond-
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ents within that 90-day period, the Copyright Claims 
Board shall dismiss the proceeding without preju-
dice. 
‘‘(2) FAILURE TO PROSECUTE.—If a claimant 
fails to proceed in an active proceeding, as dem-
onstrated by the claimant’s failure, without justifi-
able cause, to meet one or more deadlines or require-
ments set forth in the schedule adopted by the Copy-
right Claims Board under subsection (k), the Copy-
right Claims Board may, upon providing written no-
tice to the claimant and a period of 30 days, begin-
ning on the date of the notice, to respond to the no-
tice, and after considering any such response, issue 
a determination dismissing the claimants’ claims, 
which shall include an award of attorneys’ fees and 
costs, if appropriate, under subsection (y)(2). There-
after, the claimant may only challenge such deter-
mination to the extent permitted under section 
1508(c), except that, before any additional pro-
ceedings are initiated under section 1508, the Copy-
right Claims Board may, in the interests of justice, 
vacate the determination of dismissal. 
‘‘(w) REQUEST
FOR RECONSIDERATION.—A party 
may, within 30 days after the date on which the Copyright 
Claims Board issues a final determination in a proceeding 
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under this chapter, submit a written request for reconsid-
eration of, or an amendment to, such determination if the 
party identifies a clear error of law or fact material to 
the outcome, or a technical mistake. After providing the 
other parties an opportunity to address such request, the 
Copyright Claims Board shall either deny the request or 
issue an amended final determination. 
‘‘(x) REVIEW
BY
REGISTER.—If the Copyright 
Claims Board denies a party a request for reconsideration 
of a final determination under subsection (w), that party 
may, within 30 days after the date of such denial, request 
review of the final determination by the Register of Copy-
rights in accordance with regulations established by the 
Register. Such request shall be accompanied by a reason-
able filing fee, as provided in such regulations. The review 
by the Register shall be limited to consideration of whether 
the Copyright Claims Board abused its discretion in deny-
ing reconsideration of the determination. After providing 
the other parties an opportunity to address the request, 
the Register shall either deny the request for review, or 
remand the proceeding to the Copyright Claims Board for 
reconsideration of issues specified in the remand and for 
issuance of an amended final determination. Such amend-
ed final determination shall not be subject to further con-
sideration or review, other than under section 1508(c). 
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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 determination is issued, whichever occurs last, apply 
to the United States District Court for the District of Co-
lumbia or any other appropriate district court of the 
United States for an order confirming 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
DETERMINA-
TION.—Notice of the application under subsection 
(a) for confirmation of a determination of the Copy-
right Claims Board and entry of judgment shall be 
provided to all parties to the proceeding before the 
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