I 
114TH CONGRESS 
2D SESSION 
H. R. 5757 
To amend title 17, United States Code, to establish an alternative dispute 
resolution program for copyright small claims, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2016 
Mr. JEFFRIES (for himself and Mr. MARINO) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
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 2016’’ or the ‘‘CASE 
Act of 2016’’. 
SEC. 2. COPYRIGHT SMALL CLAIMS. 
(a) IN GENERAL.—Title 17, United States Code, is 
amended by adding at the end the following new chapter: 
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‘‘CHAPTER 14—COPYRIGHT SMALL 
CLAIMS 
‘‘Sec. 
‘‘1401. Copyright Claims Board. 
‘‘1402. Authority and responsibilities of the Copyright Claims Board. 
‘‘1403. Nature of proceedings. 
‘‘1404. Registration requirement. 
‘‘1405. Conduct of proceedings. 
‘‘1406. Effect of proceeding. 
‘‘1407. Review and confirmation by district court. 
‘‘1408. Relationship to other district court actions. 
‘‘1409. Implementation by Copyright Office. 
‘‘1410. Funding. 
‘‘1411. Definitions. 
‘‘§ 1401. Copyright Claims Board 
‘‘(a) IN GENERAL.—There is hereby established in 
the U.S. Copyright Office a copyright small claims pro-
gram (hereinafter referred to as the ‘Copyright Claims 
Board’), which shall serve as an alternative forum in 
which parties may voluntarily seek to resolve certain copy-
right claims, regarding any category of copyrighted work, 
as further provided in this chapter. 
‘‘(b) OFFICERS AND STAFF.— 
‘‘(1) COPYRIGHT CLAIMS OFFICERS.—Upon rec-
ommendation of the Register of Copyrights, who 
shall identify qualified candidates, the Librarian of 
Congress shall appoint 3 full-time Copyright Claims 
Officers to serve on the Copyright Claims Board. 
‘‘(2) COPYRIGHT
CLAIMS
ATTORNEYS.—The 
Register of Copyrights shall hire no fewer than 2 
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full-time Copyright Claims Attorneys to assist in the 
administration of the Copyright Claims Board. 
‘‘(3) QUALIFICATIONS.— 
‘‘(A) COPYRIGHT
CLAIMS
OFFICERS.— 
Each Copyright Claims Officer shall be an at-
torney with no less than 7 years of legal experi-
ence. Two of the Copyright Claims Officers 
shall have substantial experience in the evalua-
tion, litigation, or adjudication of copyright in-
fringement claims and, between them, shall 
have represented or presided over a diversity of 
copyright interests, including those of both own-
ers and users of copyrighted works. The third 
Copyright Claims Officer shall have substantial 
familiarity with copyright law and experience in 
the field of alternative dispute resolution, in-
cluding the resolution of litigation matters 
through such means. 
‘‘(B) COPYRIGHT
CLAIMS
ATTORNEYS.— 
Each Copyright Claims Attorney shall be an at-
torney with no less than 3 years of substantial 
experience in copyright law. 
‘‘(4) COMPENSATION.—Each Copyright Claims 
Officer shall be compensated at not less than the 
minimum and not more than the maximum rate of 
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pay for SL employees (or the equivalent) of the Fed-
eral Government, including locality pay, as applica-
ble. Each Copyright Claims Attorney shall be com-
pensated at not more than the maximum permissible 
pay for level 10 of GS–15 of the General Schedule 
(or the equivalent), including locality pay, as appli-
cable. 
‘‘(5) TERM.—Copyright Claims Officers shall 
serve for 6-year terms that are renewable by the Li-
brarian of Congress upon recommendation of the 
Register of Copyrights: Provided, however, That the 
terms for the initial Copyright Claims Officers ap-
pointed hereunder shall be as follows: one Copyright 
Claims Officer shall be appointed for 4 years, the 
second shall be appointed for 5 years, and the third 
shall be appointed for 6 years. 
‘‘(6) VACANCIES AND INCAPACITY.— 
‘‘(A) VACANCY.—If a vacancy shall occur 
in the position of Copyright Claims Officer, the 
Librarian of Congress shall, upon recommenda-
tion of the Register of Copyrights, who shall 
identify qualified candidates, act expeditiously 
to appoint a Copyright Claims Officer for that 
position. An individual appointed to fill a va-
cancy occurring before the expiration of the 
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term for which his or her predecessor was ap-
pointed shall be appointed to serve for a 6-year 
term. 
‘‘(B) INCAPACITY.—If a Copyright Claims 
Officer is temporarily unable to perform his or 
her duties, the Librarian of Congress shall, 
upon recommendation of the Register of Copy-
rights, who shall identify qualified candidates, 
act expeditiously to appoint an interim Copy-
right Claims Officer to perform such duties 
during the period of such incapacity. 
‘‘(7) SUPERVISION AND REMOVAL.—Subject to 
section 1402(b), the Copyright Claims Officers shall 
be supervised and removable by the Librarian of 
Congress. 
‘‘(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 their duties 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. 
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‘‘§ 1402. Authority and responsibilities of the Copy-
right 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 such 
civil copyright claims, counterclaims, and de-
fenses as are permitted to be brought before 
them 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. 
‘‘(C) To manage the proceedings before 
them and render rulings pertaining to the con-
sideration of claims, counterclaims, and de-
fenses, including scheduling, discovery, evi-
dentiary, and other matters. 
‘‘(D) To request the production of infor-
mation and documents relevant to the resolu-
tion of a claim, counterclaim, or defense from 
participants in a proceeding and from non-
participants. 
‘‘(E) To conduct hearings and conferences. 
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‘‘(F) To facilitate parties’ settlement of 
claims and counterclaims. 
‘‘(G) To award monetary relief and also to 
include in its determinations a requirement of 
cessation or mitigation of infringing activity, in-
cluding takedown or destruction of infringing 
materials, where the party to undertake such 
measures 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 them, certify official records of 
such proceedings as needed, and make the 
records in such proceedings available to the 
public in accordance with law. 
‘‘(J) To carry out such other duties as are 
prescribed in this chapter. 
‘‘(K) When not engaged in performing 
their duties as prescribed in this chapter, to 
perform such other duties as may be assigned 
by the Register of Copyrights. 
‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.—Subject 
to the provisions of this chapter and applicable regu-
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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 
their duties 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) When not engaged in performing 
their duties as prescribed in this chapter, to 
perform such other duties as may be assigned 
by the Register of Copyrights. 
‘‘(b) INDEPENDENCE
IN DETERMINATIONS.—The 
Copyright Claims Officers shall render their determina-
tions in individual proceedings independently on the basis 
of the records in the proceedings before them and in ac-
cordance with the provisions of this title, judicial prece-
dent, and applicable regulations of the Register of Copy-
rights. The Copyright Claims Officers and Copyright 
Claims Attorneys may consult with the Register of Copy-
rights on general issues of law, but, subject to section 
1405(w), not with respect to the facts of any particular 
matter pending before them or the application of law 
thereto. Notwithstanding any other provision of law or any 
regulation or policy of the Library of Congress or Register 
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of Copyrights, no performance appraisal of a Copyright 
Claims Officer or Copyright Claims Attorney shall con-
sider the substantive result of any individual determina-
tion reached by the Copyright Claims Board as a basis 
for appraisal except insofar as it 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 be generally directed in the admin-
istration of their duties by the Register of Copyrights. 
‘‘(d) INCONSISTENT DUTIES BARRED.—No Copy-
right Claims Officer or Copyright Claims Attorney may 
undertake duties that conflict with his or her duties or 
responsibilities 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 
has reason to believe that he or she has a conflict of inter-
est. 
‘‘(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 
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Claims Officers concerning the substance of any pro-
ceeding 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 individual de-
terminations are subject to judicial review as provided 
under section 1407(c), and not under chapter 7 of title 
5, United States Code. 
‘‘§ 1403. 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 United States district court or any other 
court, and to seek a jury trial, shall be preserved. 
‘‘(b) STATUTE OF LIMITATIONS.— 
‘‘(1) IN
GENERAL.—No proceeding shall be 
maintained before the Copyright Claims Board un-
less it is commenced in accordance with section 
1405(e) before the Copyright Claims Board within 
three years after the claim that is the basis for the 
proceeding accrued. 
‘‘(2) TOLLING.—Subject to section 1406(a), a 
proceeding commenced before the Copyright Claims 
Board shall toll the time permitted under section 
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507(b) of this title for commencement of an action 
on the same claim in a United States district court 
during the time it remains pending. 
‘‘(c) PERMISSIBLE CLAIMS, COUNTERCLAIMS
AND 
DEFENSES.—The Copyright Claims Officers may render 
determinations with respect to the following claims, coun-
terclaims 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 of copyright provided under section 106 of this 
title, asserted by the legal or beneficial owner of 
such exclusive right at the time of infringement pur-
suant to which the claimant seeks damages, if any, 
within the limitations set forth in subsection (e)(1). 
‘‘(2) A claim for a declaration of noninfringe-
ment of an exclusive right of copyright provided 
under section 106 of this title, where an actual con-
troversy exists as evidenced by a written communica-
tion indicating that legal action against the claimant 
is imminent due to specifically alleged infringing 
conduct. 
‘‘(3) Notwithstanding any other provision of 
law, a claim pursuant to section 512(f) of this title 
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for misrepresentation in connection with a notifica-
tion of claimed infringement or a counter notifica-
tion seeking to replace removed or disabled material: 
Provided, however, That any remedies in such a pro-
ceeding before the Copyright Claims Board shall be 
limited to those available under this chapter. 
‘‘(4) A counterclaim asserted solely against the 
claimant or claimants in a proceeding pursuant to 
which the counterclaimant or counterclaimants seek 
damages, if any, within the limitations set forth in 
subsection (e)(1), and that— 
‘‘(A) arises under section 106 or section 
512(f) of this title, 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 paragraph (3); or 
‘‘(B) arises under an agreement pertaining 
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. 
‘‘(5) A legal or equitable defense, pursuant to 
this title or otherwise available under law, in re-
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sponse 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: Pro-
vided, however, That all claims asserted in any one 
proceeding arise out of the same allegedly infringing 
activity or continuous course of infringing activities 
and do not in the aggregate result in a claim for 
damages in excess of the limitation provided in sub-
section (e)(1)(D). 
‘‘(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-
tion or that is already pending before a court of 
competent jurisdiction, unless such court has issued 
a stay to permit such claim or counterclaim to pro-
ceed before the Copyright Claims Board. 
‘‘(3) A claim or counterclaim by or against a 
Federal or State government entity. 
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‘‘(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 
Copyright Claims 
Board 
pursuant 
to 
section 
1405(f)(3). 
‘‘(e) PERMISSIBLE REMEDIES.— 
‘‘(1) MONETARY RECOVERY.— 
‘‘(A) ACTUAL
DAMAGES, PROFITS, AND 
LIMITED STATUTORY DAMAGES.—Subject to the 
limitation on total monetary recovery set forth 
in subparagraph (D), with respect to a claim or 
counterclaim for infringement of copyright, the 
Copyright Claims Board may award— 
‘‘(i) actual damages and profits deter-
mined in accordance with section 504(b) of 
this title, which determination shall include 
in appropriate cases consideration of 
whether the infringing party has agreed to 
cease or mitigate the infringing activity as 
provided in paragraph (2); or 
‘‘(ii) limited statutory damages, which 
shall be determined in accordance with sec-
tion 504(c) of this title, subject to the fol-
lowing conditions: 
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fringing activity as provided in para-
graph (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 established by the Copyright 
Claims Board pursuant to section 1405(j) elect 
to pursue either actual damages and profits or 
limited statutory damages as provided in sub-
paragraph (A). 
‘‘(C) OTHER
DAMAGES.—Damages for 
claims and counterclaims other than infringe-
ment claims shall be awarded in accordance 
with applicable law and shall be subject to the 
limitation set forth in subparagraph (D). 
‘‘(D) LIMITATION
ON
TOTAL
MONETARY 
RECOVERY.—Notwithstanding any other provi-
sion of law, a party who pursues any one or 
more claims or counterclaims in any single pro-
ceeding before the Copyright Claims Board may 
not seek or recover in such proceeding a total 
monetary recovery that exceeds the sum of 
$30,000, exclusive of any attorneys’ fees and 
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costs that may be awarded under section 
1405(x)(2). 
‘‘(2) AGREEMENT TO CEASE INFRINGING ACTIV-
ITY.—In any proceeding where a party agrees to 
cease activity that is found to be infringing, includ-
ing removal or disabling of access to, or destruction 
of, infringing materials, and such agreement is re-
flected in the record, the Copyright Claims Board 
shall include in its determination a requirement that 
such party cease his or her infringing conduct. 
‘‘(3) ATTORNEYS’ FEES AND COSTS.—Notwith-
standing any other provision of law, except in the 
case of bad faith conduct as provided in section 
1405(x)(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. 
‘‘§ 1404. Registration requirement 
‘‘(a) APPLICATION OR CERTIFICATE.—No claim or 
counterclaim alleging infringement of an exclusive right 
of copyright may be asserted before the Copyright Claims 
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Board unless the owner of the copyright has first delivered 
a completed application, deposit and the required fee for 
registration to the Copyright Office and either a registra-
tion certificate has 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 limited statutory damages for infringement of a 
work under this chapter if the requirements of subsection 
(a) have been met: Provided, however, That— 
‘‘(1) the Copyright Claims Board shall not 
render a determination in the proceeding until a reg-
istration certificate has been issued by the Copyright 
Office, submitted to the Copyright Claims Board 
and made available to the other parties to the pro-
ceeding, and the other parties have been provided an 
opportunity to address it; 
‘‘(2) if a proceeding cannot proceed further due 
to an outstanding registration certificate for the 
work, it shall be held in abeyance pending submis-
sion of the certificate to the Copyright Claims 
Board; but if held in abeyance for more than one 
year, the Copyright Claims Board may, upon pro-
viding written notice to the parties and 30 days to 
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respond, dismiss the proceeding without prejudice; 
and 
‘‘(3) if the Copyright Claims Board receives no-
tice that registration has been refused by the Copy-
right Office, the proceeding shall be dismissed with-
out prejudice. 
‘‘(c) PRESUMPTION.—Where a certificate shows that 
registration of a work was made before or within 5 years 
of its first publication, the presumption set forth in section 
410(c) of this title shall apply in a proceeding before the 
Copyright Claims Board, in addition to relevant principles 
of law under this title. 
‘‘§ 1405. Conduct of proceedings 
‘‘(a) IN GENERAL.—Proceedings of the Copyright 
Claims Board shall be conducted in accordance with this 
chapter and regulations as implemented by the Register 
of Copyrights, in addition to relevant principles of law 
under this title. To the extent it appears 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 jurisdic-
tion where the action could have been brought if filed in 
Federal district court, or, if it could have been brought 
in more than one jurisdiction, the jurisdiction that the 
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Copyright Claims Board determines has the most signifi-
cant ties to the parties and conduct at issue. 
‘‘(b) RECORD.—The Copyright Claims Board shall 
maintain records documenting the proceedings before it. 
‘‘(c) CENTRALIZED PROCESS.—Proceedings before 
the Copyright Claims Board shall be conducted at the of-
fices of the Copyright Claims Board without the require-
ment of in-person appearances by parties or others, and 
shall take place by means of written submissions and hear-
ings and conferences accomplished via Internet-based ap-
plications and other telecommunications facilities: Pro-
vided, however, That in cases where physical or other non-
testimonial evidence material to a proceeding cannot be 
furnished to the Copyright Claims Board through avail-
able telecommunications facilities, the Copyright Claims 
Board shall have the discretion to make alternative ar-
rangements for the submission of such evidence that do 
not prejudice another party to the proceeding. 
‘‘(d) REPRESENTATION.—A party to a proceeding be-
fore the Copyright Claims Board may, but is not required 
to be represented by— 
‘‘(1) an attorney; or 
‘‘(2) a law student who is qualified under appli-
cable law governing law students’ representation of 
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parties in legal proceedings and who provides such 
representation on a pro bono basis. 
‘‘(e) COMMENCEMENT OF PROCEEDING.—To com-
mence a proceeding, a claimant shall, subject to such addi-
tional 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 in accordance with subsection 
(x)(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, which amount 
shall be at least $100, shall not exceed the cost of 
filing an action in a United States district court, 
and shall be established to further the goals of the 
Copyright Claims Board. 
‘‘(f) REVIEW OF CLAIMS AND COUNTERCLAIMS.— 
‘‘(1) CLAIMS.—Upon filing, a claim shall be re-
viewed by a Copyright Claims Attorney to ensure 
that it complies with applicable regulations and this 
chapter, including the following: 
‘‘(A) If the claim is found to comply, the 
claimant shall be so notified and instructed to 
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proceed with service of the claim as provided in 
subsection (g). 
‘‘(B) If the claim is found not to comply, 
the claimant shall be notified that the claim is 
deficient and permitted to file an amended 
claim within 30 days of the date of such notice 
without the requirement of an additional filing 
fee. If the claimant files a compliant claim with-
in that period, he or she shall be so notified and 
instructed to proceed with service of the claim. 
If the claim is refiled within the 30-day period 
but still fails to comply, the claimant will again 
be notified that the claim is deficient and pro-
vided a second opportunity to amend it within 
30 days without the requirement of an addi-
tional filing fee. If the claim is refiled again 
within the second 30-day period and is compli-
ant, the claimant shall be so notified and in-
structed to proceed with service, but if the 
claim still fails to comply, upon confirmation of 
its noncompliance by a Copyright Claims Offi-
cer, the proceeding shall be dismissed without 
prejudice. The Copyright Claims Board shall 
also dismiss without prejudice any proceeding 
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in which a compliant claim is not filed within 
the applicable 30-day time period. 
‘‘(C) For purposes of this paragraph, a 
claim against an online service provider for in-
fringement by reason of storage of or referral 
or linking to infringing material that may be 
subject to the limitations on liability set forth 
in section 512(b), section 512(c) or section 
512(d) of this title, shall be considered non-
compliant unless the claimant affirms in the 
statement required under subsection (e)(1) of 
this section that he or she has previously noti-
fied the service provider of the claimed infringe-
ment in accordance with section 512(b)(2)(E), 
section 512(c)(3) or section 512(d)(3) of this 
title, as applicable, and the service provider 
failed to remove or disable access to the mate-
rial expeditiously upon the provision of such no-
tice: Provided, however, That if a claim is found 
to be noncompliant under this subparagraph, 
the Copyright Claims Board shall provide the 
claimant with information concerning the serv-
ice of such a notice pursuant to the relevant 
provision of this title. 
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‘‘(2) COUNTERCLAIMS.—Upon filing and service 
of a counterclaim, the counterclaim shall be reviewed 
by a Copyright Claims Attorney to ensure that it 
complies with the provisions of this chapter and ap-
plicable regulations. If the counterclaim is found not 
to comply, the counterclaimant and other parties 
shall be notified that it is deficient and the counter-
claimant permitted to file and serve an amended 
counterclaim within 30 days of the date of such no-
tice. If the counterclaimant files and serves a compli-
ant counterclaim within that period, the counter-
claimant and other parties shall be so notified. If the 
counterclaim is refiled and served within the 30-day 
period but still fails to comply, the counterclaimant 
and other parties will again be notified that it is de-
ficient and the counterclaimant provided a second 
opportunity to amend it within 30 days. If the coun-
terclaim is refiled and served again within the sec-
ond 30-day period and is compliant, the counter-
claimant and parties shall be so notified, but if the 
counterclaim still fails to comply, upon confirmation 
of its noncompliance by a Copyright Claims Officer, 
the counterclaim, but not the proceeding, shall be 
dismissed without prejudice. 
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‘‘(3) DISMISSAL FOR GOOD CAUSE.—The Copy-
right Claims Board shall dismiss a proceeding with-
out prejudice if, upon reviewing a claim or counter-
claim, or at any other time in a proceeding, the 
Copyright Claims Board concludes that it is unsuit-
able for determination by the Copyright Claims 
Board, including due to the following: 
‘‘(A) The failure to join a necessary party. 
‘‘(B) The lack of an essential witness, evi-
dence, or expert testimony. 
‘‘(C) Determination of a relevant issue of 
law or fact that could exceed the competence of 
the Copyright Claims Board. 
‘‘(g) SERVICE OF NOTICE AND CLAIMS.—To proceed 
with a claim against a respondent, a claimant must within 
90 days of receiving notification to proceed with service 
file proof of service on the respondent with the Copyright 
Claims Board. To effectuate service on a respondent, the 
claimant must cause notice of the proceeding and a copy 
of the claim to be served on the respondent, either by per-
sonal service or pursuant to a waiver of personal service, 
as prescribed in regulations established by the Register of 
Copyrights. Such regulations shall include the following 
requirements and conditions: 
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‘‘(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 
respondent’s right to opt out, and the consequences 
of opting out and not opting out, including a promi-
nent statement that, by not opting out within the 
30-day period, the respondent— 
‘‘(A) will forgo the opportunity to have the 
dispute decided by a court created under article 
III of the Constitution of the United States; 
and 
‘‘(B) will be waiving the right to a jury 
trial regarding the dispute. 
‘‘(2) The copy of the claim served on the re-
spondent shall be as it 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 over the age of 18. 
‘‘(4) An individual, other than a minor or in-
competent individual, may be served by— 
‘‘(A) following State law for serving a sum-
mons in an action brought in courts of general 
jurisdiction in the State where service is made; 
or 
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ute and the statute so requires, by also mailing 
a copy of each to the respondent. 
‘‘(6) To request a waiver of personal service, 
the claimant may notify a respondent by first class 
mail or other reasonable means that a proceeding 
has been commenced in accordance with regulations 
established by the Register of Copyrights, which 
shall include the following: 
‘‘(A) Any such request shall be in writing 
and addressed to the respondent, and be accom-
panied by a prescribed notice of the proceeding 
and copy of the claim as filed with the Copy-
right Claims Board, as well as a prescribed 
form for waiver of personal service, and a pre-
paid or costless means of returning the form. 
‘‘(B) The request shall state the date it 
was sent and provide the respondent 30 days to 
return the signed waiver form, which signed 
waiver shall constitute acceptance and proof of 
service as of the date it is signed for purposes 
of this subsection. 
‘‘(7) A respondent’s waiver of personal service 
shall not constitute a waiver of the respondent’s 
right to opt out of the proceeding: Provided, however, 
That a respondent who timely waives personal serv-
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ice and does not opt out shall be allowed an addi-
tional 30 days beyond the amount of time normally 
permitted under the applicable procedures of the 
Copyright Claims Board to submit a substantive re-
sponse to the claim, including any defenses and 
counterclaims. 
‘‘(8) A minor or an incompetent individual may 
only be served by following State law for serving a 
summons or like process on such an individual in an 
action brought in the courts of general jurisdiction 
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) OPT-OUT PROCEDURE.—Upon being properly 
served with a notice and claim, a respondent who chooses 
to opt out of the proceeding shall have 30 days from the 
date of service in which to provide written 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 Copy-
right Claims Board within 30 days of service, the pro-
ceeding shall be deemed an active proceeding and the re-
spondent shall be bound by the result to the extent pro-
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vided under section 1406(a). If the respondent opts out 
during that period, the proceeding shall be dismissed with-
out prejudice: Provided, however, That in exceptional cir-
cumstances and upon written notice to the claimant, the 
Copyright Claims Board may extend such 30-day period 
in the interests of justice. 
‘‘(i) SERVICE OF OTHER DOCUMENTS.—Other docu-
ments submitted or relied upon in the proceeding shall be 
served as provided in regulations established by the Reg-
ister of Copyrights. 
‘‘(j) SCHEDULING.—Upon confirmation that a pro-
ceeding has become an active proceeding, the Copyright 
Claims Board shall issue a schedule for future conduct of 
the proceeding. A schedule issued by the Copyright Claims 
Board may be amended by the Copyright Claims Board 
in the interests of justice. 
‘‘(k) CONFERENCES.—One or more Copyright Claims 
Officers may hold a conference to address case manage-
ment or discovery issues in a proceeding: Provided, how-
ever, That such conference shall not be addressed to ulti-
mate issues of fact or law. Any such conference shall be 
noted upon the record of the proceeding and may be re-
corded or transcribed. 
‘‘(l) PARTY SUBMISSIONS.—There shall be no formal 
motion practice in a Copyright Claims Board proceeding: 
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Provided, however, That, subject to applicable regulations 
and the procedures of the Copyright Claims Board— 
‘‘(1) the parties to a proceeding shall be per-
mitted to make requests to the Copyright Claims 
Board to address case management and discovery 
matters, and submit responses thereto; and 
‘‘(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. 
‘‘(m) DISCOVERY.—Discovery shall be limited to the 
production of relevant information and documents, written 
interrogatories, and written requests for admission, as fur-
ther provided in regulations established by the Register 
of Copyrights: Provided, however, That— 
‘‘(1) upon request of a party, and for good 
cause shown, the Copyright Claims Board shall have 
the discretion to approve additional limited discovery 
in particular matters, and may request specific in-
formation and documents from participants in the 
proceeding and voluntary submissions from non-
participants; 
‘‘(2) upon request of a party, and for good 
cause shown, the Copyright Claims Board may issue 
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