I 
115TH CONGRESS 
1ST SESSION H. R. 3945 
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 
OCTOBER 4, 2017 
Mr. JEFFRIES (for himself, Mr. MARINO, Mr. COLLINS of Georgia, Mr. SMITH 
of Texas, Ms. JUDY CHU of California, and Mr. TED LIEU of California) 
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 2017’’ or the ‘‘CASE 
Act of 2017’’. 
SEC. 2. COPYRIGHT SMALL CLAIMS. 
(a) IN GENERAL.—Title 17, United States Code, is 
amended by adding at the end the following new chapter: 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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. 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘§ 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. 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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-
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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: 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(I) With respect to works timely 
registered under section 412 of this 
title, such that they are eligible for an 
award of statutory damages under 
that section, such limited statutory 
damages shall not exceed $15,000 per 
work infringed. 
‘‘(II) With respect to works not 
timely registered under section 412 of 
this title, but eligible for an award of 
statutory damages under this section, 
limited statutory damages shall not 
exceed $7,500 per work infringed, or 
a total of $15,000 in any one pro-
ceeding. 
‘‘(III) The Copyright Claims 
Board shall not make any finding or 
consider whether the infringement was 
committed willfully in making an 
award of limited statutory damages. 
‘‘(IV) 
The 
Copyright 
Claims 
Board may consider as an additional 
factor in awarding limited statutory 
damages whether the infringer has 
agreed to cease or mitigate the in-
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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. 
‘‘(d) To ensure that actions before the Board proceed 
in a timely manner, the Register of Copyrights shall pro-
mulgate regulations providing the Copyright Office with 
the authority to issue a certificate of registration on an 
expedited basis. Such regulations shall treat applications 
for registration certificates pertaining to a proceeding be-
fore the Board on an expedited basis and separately from 
all other applications for certificates of registration, except 
those applications subject to special handling under 37 
CFR 201.15. 
‘‘§ 1405. Conduct of proceedings 
‘‘(a) IN GENERAL.—Proceedings of the Copyright 
Claims Board shall be conducted in accordance with this 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
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-
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
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, 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
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-
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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. 
‘‘(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-
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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. 
‘‘(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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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: 
‘‘(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. 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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 
‘‘(B) doing any of the following: 
‘‘(i) Delivering a copy of the notice 
and claim to the individual personally. 
‘‘(ii) Leaving a copy of each at the in-
dividual’s dwelling or usual place of abode 
with someone of suitable age and discre-
tion who resides there. 
‘‘(iii) Delivering a copy of each to an 
agent authorized by appointment or by law 
to receive service of process. 
‘‘(5) A corporation, partnership or unincor-
porated association that is subject to suit in courts 
of general jurisdiction under a common name 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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(B) delivering a copy of the notice and 
claim to an officer, a managing or general 
agent or any other agent authorized by appoint-
ment or by law to receive service of process in 
an action brought in courts of general jurisdic-
tion and, if the agent is one authorized by stat-
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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-
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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-
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-
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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: 
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
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 
with respect to disputed facts against a party who 
has failed timely to provide discovery materials in 
response to a proper request for materials that could 
be relevant to such facts. 
‘‘(n) EVIDENCE.—The Copyright Claims Board may 
consider the following types of evidence, which may be ad-
mitted without application of formal rules of evidence: 
‘‘(1) Documentary and other nontestimonial 
evidence that is relevant to the claims, counterclaims 
or defenses in a proceeding. 
‘‘(2) Testimonial evidence, submitted under 
penalty of perjury in written form or in accordance 
with subsection (o), limited to statements of the par-
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
ties and nonexpert witnesses, that is relevant to the 
claims, counterclaims and defenses in a proceeding: 
Provided, however, That in exceptional cases expert 
witness testimony or other types of testimony may 
be permitted by the Copyright Claims Board for 
good cause shown. 
‘‘(o) 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: Provided, however, That— 
‘‘(1) any such hearing shall be attended by at 
least 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; and 
‘‘(3) a recording or transcript of the hearing 
shall be made available to a Copyright Claims Offi-
cer who is not in attendance. 
‘‘(p) VOLUNTARY DISMISSAL.— 
‘‘(1) BY CLAIMANT.—Upon written request of a 
claimant received prior to a respondent’s filing of a 
response to a claim, the Copyright Board shall dis-
miss the proceeding, or a claim or respondent, as re-
quested, such dismissal to be without prejudice. 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(2) BY COUNTERCLAIMANT.—Upon written re-
quest of a counterclaimant received prior to a claim-
ant’s filing of a response to a counterclaim, the 
Copyright Claims Board shall dismiss the counter-
claim, such dismissal to be without prejudice. 
‘‘(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— 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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; 
‘‘(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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
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. 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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 
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-
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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-
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, 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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 not to exceed $5,000: 
Provided, however, that if an adversely affected 
party appeared pro se in the proceeding, the 
award to that party shall be of costs only and 
no more than $2,500. 
‘‘(3) If it is established that on more than one 
occasion within a 12 month period a party pursued 
a claim, counterclaim or defense before the Board 
for a harassing or other improper purpose, or with-
out reasonable basis in law or fact, such party shall 
be barred from initiating a claim before the Board 
for a period of 12 months. 
‘‘(y) Notwithstanding anything to the contrary in this 
chapter, the Register of Copyrights may promulgate regu-
lations allowing for the disposition of any claim in which 
total damages sought are $5,000 or less (exclusive of at-
torneys’ fees and costs). At a minimum, any such regula-
tions shall provide— 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(1) for one copyright claims officer to consider 
and issue a determination with regard to the claim; 
and 
‘‘(2) for which a copyright claims attorney shall 
review the claim and determine whether the case 
shall be heard by one officer or the Board. 
‘‘(z) A claimant may request the Board to issue a 
subpoena to a service provider for identification of an al-
leged infringer of claimant’s copyrighted work. The Copy-
right Office shall promulgate regulations governing, at 
minimum, the issuance of the subpoena, the contents of 
the request, the contents of the subpoena, and the obliga-
tions of a service provider who is issued a subpoena. The 
regulations shall further require that the claimant seeking 
the subpoena must make a sworn declaration to the effect 
that the purpose for which the subpoena is sought is to 
obtain the identity of an alleged infringer and that such 
information will only be used for the purpose of protecting 
rights under this Act. Such subpoenas shall be enforceable 
by the United States District Court for the District of Co-
lumbia. 
‘‘§ 1406. Effect of proceeding 
‘‘(a) DETERMINATION.—Subject to the reconsider-
ation and review processes afforded by sections 1405(v) 
and 1405(w), respectively, and section 1407(c), the ren-
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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 
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-
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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. 
‘‘§ 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-
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 or any 
other federal district court of competent jurisdiction 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). If the United States District Court 
for the District of Columbia or any other federal district 
court of competent jurisdiction issues an order confirming 
the relief awarded by the Board, the Court must impose 
on the party who failed to pay damages or otherwise com-
ply with the relief, the reasonable expenses required to se-
cure such order, including attorney fees, incurred by the 
aggrieved party. 
‘‘(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. 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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: 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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-
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 for purposes of referral of eligible cases by United 
States district courts upon consent of the parties. 
‘‘§ 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. 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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— 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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 
VerDate Sep 11 2014 
20:41 Oct 12, 2017
Jkt 079200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS
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 
VerDate Sep 11 2014 
04:34 Oct 06, 2017
Jkt 079200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6301
E:\BILLS\H3945.IH
H3945
lotter on DSKBCFDHB2PROD with BILLS