‘‘(q) SETTLEMENT.—At any time in an active pro-
ceeding some or all of the parties may— 
‘‘(1) jointly request a conference with a Copy-
right Claims Officer for the purpose of facilitating 
settlement discussions; or 
‘‘(2) submit to the Copyright Claims Board an 
agreement providing for settlement and dismissal of 
some or all of the claims and counterclaims in the 
proceeding, which submission may also include a re-
quest that the Copyright Claims Board adopt some 
or all of the terms of the parties’ settlement in a 
final determination. 
‘‘(r) FACTUAL FINDINGS.—Subject to subsection 
(m)(3), the Copyright Claims Board shall make factual 
findings based upon a preponderance of the evidence. 
‘‘(s) DETERMINATIONS.— 
‘‘(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 deci-
sion therein; 
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‘‘(C) pursuant to section 1403(e)(2), set 
forth any terms by which a respondent or coun-
terclaim respondent has agreed to cease infring-
ing activity; 
‘‘(D) pursuant to subsection (q)(2) and to 
the extent agreed by the parties, set forth the 
terms of any settlement to the extent requested 
by the parties; and 
‘‘(E) include a clear statement of all dam-
ages and other relief awarded, including pursu-
ant to subparagraphs (C) and (D). 
‘‘(2) DISSENT.—A Copyright Claims Officer 
who dissents from a decision contained in a deter-
mination may append a statement setting forth the 
grounds for his or her dissent. 
‘‘(3) PUBLICATION.—Final determinations of 
the Copyright Claims Board shall be made available 
on a publicly accessible website with other records to 
be made available to the public in accordance with 
law: Provided, however, That such records may be 
redacted by the Copyright Claims Board to protect 
confidential information that is the subject of a pro-
tective order under subsection (m)(2). 
‘‘(t) RESPONDENT’S DEFAULT.—Where a proceeding 
has been deemed an active proceeding but the respondent 
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has failed to appear or has ceased participating in the pro-
ceeding, as demonstrated by his or her failure to meet one 
or more deadlines or requirements set forth in the sched-
ule adopted by the Copyright Claims Board pursuant to 
subsection (j) without justifiable cause, the Copyright 
Claims Board may enter a default determination, includ-
ing the dismissal of any counterclaim asserted by a re-
spondent, as follows and in accordance with such other 
requirements as the Register of Copyrights may prescribe 
by regulation: 
‘‘(1) The Copyright Claims Board shall require 
the claimant to submit relevant evidence and other 
information in support of his or her claim and any 
asserted damages and, upon review of such evidence 
and any other requested submissions from the claim-
ant, shall determine whether the materials so sub-
mitted are sufficient to support a finding in favor of 
the claimant under applicable law and, if so, the ap-
propriate relief and damages, if any, to be awarded. 
‘‘(2) If the claimant has met his or her burden 
under paragraph (1), the Copyright Claims Board 
shall prepare a proposed default determination and 
provide written notice to the respondent at all ad-
dresses, including email addresses, reflected in the 
records of the proceeding before the Copyright 
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Claims Board, concerning the pendency of a default 
determination by the Copyright Claims Board and 
the legal significance of such determination. Such 
notice shall be accompanied by the proposed default 
determination and provide that the respondent has 
30 days from the date of the notice to submit any 
evidence or other information in opposition to the 
proposed default determination. 
‘‘(3) If the respondent responds to the notice 
provided under paragraph (2) within the 30-day pe-
riod, the Copyright Claims Board shall consider re-
spondent’s submissions and, after allowing the other 
parties to address such submissions, maintain or 
amend its proposed determination as appropriate, 
and the resulting determination shall not be a de-
fault 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 1407(c): Pro-
vided, however, That prior to the initiation of any 
additional proceedings under section 1407, the 
Copyright Claims Board shall have the discretion to 
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vacate the default determination in the interests of 
justice. 
‘‘(u) 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 as prescribed in subsection 
(g), that respondent shall be dismissed from the pro-
ceeding without prejudice; and if a claimant fails to 
complete service on all respondents within the 90- 
day period, the proceeding shall be dismissed by the 
Copyright Claims Board without prejudice. 
‘‘(2) FAILURE TO PROSECUTE.—If a claimant 
fails to proceed in an active proceeding, as dem-
onstrated by his or her failure to meet one or more 
deadlines or requirements set forth in the schedule 
adopted by the Copyright Claims Board pursuant to 
subsection (j) without justifiable cause, the Copy-
right Claims Board may, upon providing written no-
tice to the claimant and 30 days to respond, issue 
a determination dismissing the claimants’ claims, 
which shall include an award of attorneys’ fees and 
costs if appropriate under subsection (x)(2). There-
after, the claimant may only challenge such deter-
mination to the extent permitted under section 
1407(c): Provided, however, That prior to the initi-
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ation of any additional proceedings under section 
1407, the Copyright Claims Board shall have the 
discretion to vacate the determination of dismissal in 
the interests of justice. 
‘‘(v) RECONSIDERATION.—A party may, within 30 
days of the date of issuance of a final determination by 
the Copyright Claims Board, submit a written request for 
reconsideration of, or an amendment to, such determina-
tion if the party identifies a clear error of law or fact ma-
terial to the outcome, or a technical mistake. After pro-
viding the other parties an opportunity to address such 
request, the Copyright Claims Board shall respond by de-
nying the request or issuing an amended final determina-
tion. 
‘‘(w) REVIEW BY REGISTER.—A party who has been 
denied reconsideration by the Copyright Claims Board 
may, within 30 days of the date of such denial, request 
review by the Register of Copyrights in accordance with 
regulations established by the Register of Copyrights, 
which regulations shall provide for a reasonable filing fee. 
The Register’s review shall be limited to consideration of 
whether the Copyright Claims Board abused its discretion 
in denying reconsideration. After providing the other par-
ties an opportunity to address the request, the Register 
shall respond by denying the request or remanding the 
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proceeding to the Copyright Claims Board for reconsider-
ation of identified issues and issuance of an amended final 
determination, which amended final determination shall 
not be subject to further consideration or review other 
than pursuant to section 1407(c). 
‘‘(x) CONDUCT OF PARTIES AND ATTORNEYS.— 
‘‘(1) CERTIFICATION.—The Register of Copy-
rights shall establish regulations concerning certifi-
cation of the accuracy and truthfulness of state-
ments made by participants in proceedings before 
the Copyright Claims Board. 
‘‘(2) BAD
FAITH
CONDUCT.—Notwithstanding 
any other provision of law, in any proceeding in 
which a determination is rendered and— 
‘‘(A) it is established that a party pursued 
a claim, counterclaim or defense for a harassing 
or other improper purpose, or without reason-
able basis in law or fact; or 
‘‘(B) the claimant’s claim is dismissed for 
failure to prosecute pursuant to subsection 
(u)(2), 
unless inconsistent with the interests of justice, the 
Copyright Claims Board shall in such determination 
award reasonable attorneys’ fees and costs to any 
adversely affected party or parties in a total amount 
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not to exceed $5,000: Provided, however, That if an 
adversely affected party appeared pro se in the pro-
ceeding, the award to that party shall be of costs 
only and no more than $2,500. 
‘‘§ 1406. Effect of proceeding 
‘‘(a) DETERMINATION.—Subject to the reconsider-
ation and review processes afforded by section 1405(v) 
and 1405(w), respectively, and section 1407(c), the ren-
dering of a final determination by the Copyright Claims 
Board in a proceeding, including a default determination 
or determination based on failure to prosecute, shall, solely 
with respect to the parties to such determination, preclude 
relitigation before any court or tribunal, or before the 
Copyright Claims Board, of the claims and counterclaims 
asserted and finally determined by such determination, 
and may be relied upon for such purpose in a future action 
or proceeding arising from the same specific activity or 
activities: Provided, however, That— 
‘‘(1) a determination of the Copyright Claims 
Board shall not preclude litigation or relitigation as 
between the same or different parties before any 
court or tribunal, or the Copyright Claims Board, of 
the same or similar issues of fact or law in connec-
tion with claims or counterclaims not asserted and 
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finally determined by the determination of the Copy-
right Claims Board; 
‘‘(2) a determination of ownership of a copy-
righted work for purposes of resolving a matter be-
fore the Copyright Claims Board shall not be relied 
upon, and shall have no preclusive effect, in any 
other action or proceeding before any other court or 
tribunal, including the Copyright Claims Board; and 
‘‘(3) except to the extent permitted in this sub-
section and section 1407, no determination of the 
Copyright Claims Board shall 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) OTHER MATERIALS IN PROCEEDING.—Except 
as permitted under this section and section 1407, a sub-
mission or statement of a party or witness made in connec-
tion with a proceeding before the Copyright Claims Board, 
including a proceeding that is dismissed, shall 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. 
‘‘(c) WITH RESPECT TO SECTION 512(g).—Notwith-
standing any other provision of law, the commencement 
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of a proceeding by a claimant before the Copyright Claims 
Board against a subscriber of a service provider that seeks 
a declaration of infringement concerning material that has 
been removed or to which access has been disabled by the 
service provider in response to a notification of claimed 
infringement by the claimant pursuant to section 
512(c)(1)(C) of this title shall be a basis to preclude the 
replacement of such material by the service provider pur-
suant to section 512(g) of this title if notice of the com-
mencement of the Copyright Claims Board proceeding is 
provided by the claimant to the service provider’s des-
ignated agent not less than 10 nor more than 14 business 
days following receipt of a counter notification by the serv-
ice provider pursuant to section 512(g) of this title. 
‘‘(d) FAILURE TO ASSERT COUNTERCLAIM.—The 
failure or inability to assert a counterclaim in a proceeding 
before the Copyright Claims Board shall not preclude its 
assertion in a subsequent court action or proceeding be-
fore the Copyright Claims Board. 
‘‘(e) OPT-OUT OR DISMISSAL OF PARTY.—If a party 
has timely opted out of a proceeding under section 
1405(h) or is dismissed from a proceeding prior to the 
issuance of a final determination by the Copyright Claims 
Board, the determination shall not be binding upon and 
shall have no preclusive effect with respect to that party. 
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‘‘§ 1407. Review and confirmation by district court 
‘‘(a) IN GENERAL.—In any proceeding in which a 
party has failed to pay monies as required or otherwise 
comply with the relief awarded in a final determination 
of the Copyright Claims Board, including a default deter-
mination or a determination based on failure to prosecute, 
the aggrieved party may, within one year of the issuance 
of such final determination, resolution of any reconsider-
ation by the Copyright Claims Board or review by the Reg-
ister of Copyrights, or issuance of an amended final deter-
mination, whichever occurs last, apply to the United 
States District Court for the District of Columbia for an 
order confirming the final relief awarded 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 as permitted 
under subsection (c). 
‘‘(b) FILING PROCEDURES.— 
‘‘(1) Notice of the application for confirmation 
of a determination of the Copyright Claims Board 
and entry of judgment shall be provided to all par-
ties to the proceeding before the Copyright Claims 
Board, in accordance with the procedures applicable 
to service of a motion in United States District 
Court for the District of Columbia. 
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‘‘(2) The application shall include 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 Reg-
ister of Copyrights, to be confirmed and rendered to 
judgment, as well as a declaration by the applicant 
under penalty of perjury that it is a true and correct 
copy of such determination, the date it was issued, 
and whether the applicant is aware of any other pro-
ceedings before the United States District Court 
concerning the same determination of the Copyright 
Claims Board. 
‘‘(c) CHALLENGES TO THE DETERMINATION.— 
‘‘(1) BASES FOR CHALLENGE.—Upon applica-
tion of a party to the Copyright Claims Board pro-
ceeding within 90 days of the issuance of a final or 
amended final determination by the Copyright 
Claims Board following any process of reconsider-
ation or review by the Register of Copyrights, the 
United States District Court for the District of Co-
lumbia may issue an order vacating, modifying or 
correcting a determination of the Copyright Claims 
Board in the following cases: 
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‘‘(A) Where the determination was issued 
or as a result of fraud, corruption, misrepresen-
tation, or other misconduct. 
‘‘(B) Where the Copyright Claims Board 
exceeded its authority or failed to render a final 
and definite determination concerning the sub-
ject matter at issue. 
‘‘(C) In the case of a default determination 
or determination based on failure to prosecute, 
where it is established that the default or fail-
ure was due to excusable neglect. 
‘‘(2) PROCEDURE TO CHALLENGE.— 
‘‘(A) 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 accord-
ance with the procedures applicable to service of 
a motion in United States District Court for 
the District of Columbia. 
‘‘(B) The application shall include a cer-
tified copy of the final or amended final deter-
mination, as reflected in the records of the 
Copyright Claims Board following any process 
of reconsideration or review by the Register of 
Copyrights, that is the subject of the applica-
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tion, as well as a declaration by the applicant 
under penalty of perjury that it is a true and 
correct copy of such determination, the date it 
was issued, the basis for challenge under sub-
section (c)(1), and whether the applicant is 
aware of any other proceedings before the 
United States District Court concerning the 
same determination of the Copyright Claims 
Board. For the purposes of the application, any 
judge who might make an order to stay the pro-
ceedings in an action brought in the same 
court, may make an order, to be served with the 
notice of application, staying proceedings to en-
force the award. 
‘‘§ 1408. Relationship to other district court actions 
‘‘(a) STAY OF DISTRICT COURT PROCEEDINGS.—A 
United States district court shall order a stay of pro-
ceedings or such other relief as it deems appropriate with 
respect to any claim brought before it that is already the 
subject of a pending active proceeding before the Copy-
right Claims Board. 
‘‘(b) DISTRICT COURT COST AND FEE AWARDS.—In 
any case before a United States district court in which 
the court is considering whether to award costs or attor-
neys’ fees to a prevailing party pursuant to section 505 
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of this title, the district court may in its discretion take 
into account, among other relevant factors, whether the 
nonprevailing party had the option and could have chosen 
to proceed before the Copyright Claims Board in lieu of 
the district court. 
‘‘(c) ALTERNATIVE DISPUTE RESOLUTION PROC-
ESS.—The Copyright Claims Board shall qualify as an al-
ternative dispute resolution process under section 651 of 
title 28. 
‘‘§ 1409. Implementation by Copyright Office 
‘‘(a) REGULATIONS.— 
‘‘(1) IMPLEMENTATION GENERALLY.—The Reg-
ister of Copyrights shall establish regulations to im-
plement the Copyright Claims Board as con-
templated by this chapter, including the establish-
ment of the fees prescribed by sections 1405(e)(3) 
and 1405(w), which authority shall not limit the 
Register’s more general authority to establish fees 
for services in accordance with section 708 of this 
title. All fees received by the Copyright Office in 
connection with the activities under this chapter 
shall be deposited by the Register and credited to 
the appropriations for necessary expenses of the Of-
fice in accordance with section 708(d) of this title. 
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‘‘(2) LIMITS ON MONETARY RELIEF.—The Reg-
ister may conduct a rulemaking to adjust the limits 
on monetary recovery or attorneys’ fees and costs 
that may be awarded under this chapter to further 
the goals of the Copyright Claims Board: Provided, 
however, That any resulting rule that makes such an 
adjustment shall become effective at the end of a pe-
riod of 120 days after the rule is submitted to Con-
gress and only if Congress does not enact a law 
within such 120-day period that provides in sub-
stance that Congress does not approve of the new 
rule. 
‘‘(b) NECESSARY FACILITIES.—Subject to applicable 
law, the Register of Copyrights may retain outside vendors 
to establish Internet-based, teleconferencing and other fa-
cilities required to operate the Copyright Claims Board. 
‘‘§ 1410. Funding 
‘‘There are authorized to be appropriated such sums 
as may be necessary to pay the costs incurred by the Copy-
right Office under this chapter that are not covered by 
fees collected for services rendered under this chapter, in-
cluding the costs of establishing and maintaining the 
Copyright Claims Board and its facilities. 
‘‘§ 1411. Definitions 
‘‘As used in this chapter— 
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‘‘(1) the term ‘party’ refers to both a party and 
the party’s attorney, as applicable; 
‘‘(2) the term ‘person’ (including ‘his’ and 
‘her’) refers to both an individual and an entity that 
is amenable to legal process under applicable law; 
and 
‘‘(3) the term ‘United States’ has the meaning 
given in section 101 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for title 17, United States Code, is amended by adding 
after the item relating to chapter 13 the following new 
item: 
‘‘14. Copyright Small Claims ................................................................... 1401’’. 
SEC. 3. IMPLEMENTATION. 
The Copyright Claims Board shall begin operation no 
later than one year after of the date of the enactment of 
this Act. 
SEC. 4. STUDY. 
Not later than 3 years after the issuance of the first 
determination by the Copyright Claims Board, the Reg-
ister of Copyrights shall deliver a study to Congress that 
addresses— 
(1) the use and efficacy of the Copyright 
Claims Board in resolving copyright claims; 
(2) whether adjustments to the authority of the 
Copyright Claims Board, including eligible claims 
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and works and applicable damages limitations, are 
necessary or advisable; 
(3) whether greater allowance should be made 
to permit awards of attorneys’ fees and costs to pre-
vailing parties, including potential limitations on 
such awards; 
(4) potential mechanisms to assist copyright 
owners with small claims in ascertaining the identity 
and location of unknown online infringers; 
(5) whether the Copyright Claims Board should 
be expanded to offer mediation or other nonbinding 
alternative dispute resolution services to interested 
parties; and 
(6) such other matters as the Register of Copy-
rights believes may be pertinent concerning the 
Copyright Claims Board. 
SEC. 5. SEVERABILITY. 
If any provision of this Act is declared unconstitu-
tional, the validity of the remainder of this Act shall not 
be affected. 
Æ 
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