Copyright Claims Board: District Court Referrals; Proof of Service Forms; Default Proceedings; Law Student Representation, 77518-77522 [2022-27027]

Agencies

• Library of Congress
• Copyright Office

[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Rules and Regulations]
[Pages 77518-77522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27027]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 222, 224, 225, 233, 234 and 235

[Docket No. 2022-6]


Copyright Claims Board: District Court Referrals; Proof of 
Service Forms; Default Proceedings; Law Student Representation

AGENCY: U.S. Copyright Office, Library of Congress.

ACTION: Interim rule; request for comments.

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SUMMARY: The U.S. Copyright Office is amending its regulations 
governing the appearance of law student representatives before the 
Copyright Claims Board, district court referrals, proof of service 
forms, and default proceedings. The amendments allow the Copyright 
Claims Board to modify or suspend certain rules when a claim is 
referred by a district court and, in cases that are first filed before 
the Copyright Claims Board, accept alternative proof of service forms. 
The amendments also clarify the rules governing default proceedings and 
law student representation, and make certain technical corrections.

DATES: Effective date: The interim rule is effective December 19, 2022.
    Comments due date: Written comments must be received no later than 
11:59 p.m. Eastern Time on February 2, 2023.

ADDRESSES: For reasons of Government efficiency, the Copyright Office 
is using the regulations.gov system for the submission and posting of 
public comments in this proceeding. All comments are therefore to be 
submitted electronically through regulations.gov. Specific instructions 
for submitting comments are available on the Copyright Office's website 
at https://www.copyright.gov/rulemaking/case-act-implementation/district-court-referrals/. If electronic submission of comments is not 
feasible due to lack of access to a computer or the internet, please 
contact the Copyright Office using the contact information below for 
special instructions.

FOR FURTHER INFORMATION CONTACT: Megan Efthimiadis, Assistant to the 
General Counsel, by email at [email protected] or telephone at 202-
707-8350.

SUPPLEMENTARY INFORMATION:

I. Background

    The Copyright Alternative in Small-Claims Enforcement (``CASE'') 
Act of 2020 \1\ directed the Copyright Office to establish the 
Copyright Claims Board (``CCB''), a voluntary forum for parties seeking 
resolution of certain copyright disputes that have a total monetary 
value of $30,000 or less. The CCB is an alternative forum to Federal 
district court and is designed to be accessible to pro se individuals 
and individuals without much formal exposure to copyright.\2\ In early 
2021, the Office published a notification of inquiry (``NOI'') asking 
for public comments on the CCB's operations and procedures.\3\
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    \1\ Public Law 116-260, sec. 212, 134 Stat. 1182, 2176 (2020).
    \2\ See, e.g., H.R. Rep. No. 116-252, at 18-20 (2019).
    \3\ 86 FR 16156 (Mar. 26, 2021).
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    Following the NOI, the Office published multiple notices of 
proposed rulemaking (``NPRMs''), including proposing rules governing 
the representation of parties before the CCB by law students \4\ and 
the conduct of proceedings before the CCB.\5\ After receiving and 
considering comments submitted by the public, the Office published 
final rules.\6\ On June 16, 2022, the CCB began receiving claims 
through its website dockets.ccb.gov.
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    \4\ 86 FR 74394 (Dec. 30, 2021).
    \5\ 86 FR 53897 (Sept. 29, 2021); 86 FR 69890 (Dec. 8, 2021).
    \6\ 87 FR 20707 (Apr. 8, 2022) (law student representation final 
rule); 87 FR 12861 (Mar. 8, 2022) (initial proceedings partial final 
rule); 87 FR 16989 (Mar. 25, 2022) (initial proceedings final rule); 
87 FR 24056 (Apr. 22, 2022) (initial proceedings correction); 87 FR 
30060 (May 17, 2022) (active proceedings final rule); 87 FR 36060 
(June 15, 2022) (active proceedings correction).
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II. Interim Rule and Request for Comments

    After reviewing its regulations, the Office is clarifying the rules 
governing law student representation, adding a rule to address district 
court referrals, and amending the rules governing initiating 
proceedings and active proceedings, in particular those related to 
submitting a proof of service form and to default proceedings. The 
amendment also makes corrections for typographical errors and 
consistency.

Law Student Representation

    In its law school representation rulemaking, the Office had 
proposed that qualified law students affiliated with a qualifying law 
school clinic could represent parties before the CCB.\7\ The proposed 
rule explained that the Office was ``incorporat[ing] the requirements 
for law student representation provided by the law of the jurisdiction 
that certifies the student to practice in connection with a law school 
clinic.'' \8\ This requirement was included in the final rule.\9\ Since 
the rule's publication, the Office has become aware that some parties 
have interpreted the use of the word ``certifies'' to denote a formal 
law student certification process. The use of the word ``certifies'' 
was intended to mean ``allows, authorizes, or permits'' and did not 
necessarily contemplate a formal certification process (unless such a 
process is required by the law student's jurisdiction for participation 
in a law school-connected clinic). Additionally, the Office understands 
that, in some jurisdictions, court or bar rules may govern law student 
representation rather than state law. The Office is revising its 
regulations to replace the word ``certifies'' with

[[Page 77519]]

``allow, authorize, or permit'' to ensure that the definition of 
``applicable law'' is broad enough to include court or bar rules and to 
fix an incorrect cross reference.
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    \7\ 86 FR 74394, 74395.
    \8\ Id.
    \9\ In the final rule, law students affiliated with a pro bono 
legal services organization with a connection to the student's law 
school were also permitted to represent parties before the CCB. 87 
FR 20707, 20709-10.
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    Finally, the Office is amending its regulations concerning law 
student representation to make clear that these regulations only apply 
to law students who formally appear in CCB proceedings. As the Office 
previously recognized, law students may provide legal assistance 
related to CCB proceedings in ways that do not rise to the level of a 
formal appearance. For example, a student may assist a party by 
evaluating the strength of the party's claim or defense, drafting 
pleadings and other documents, advising a party about service of 
process, or explaining the CCB's regulations or processes.\10\ Under 
the rules governing the CCB, such activities without more would not 
constitute an ``appearance'' before the CCB and, therefore, are not 
within the scope of the CCB's regulations regarding law student 
appearances. However, the Office cautions that these activities may be 
subject to state or local laws, court rules, or bar rules, which might 
impose other requirements on such student activities. We continue to 
encourage law students to assist CCB parties in accordance with 
applicable law, regardless of the form that assistance takes.
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    \10\ Id. at 20710 (``[T]he Office encourages the participation 
of law students in CCB proceedings more broadly. For example, under 
the supervision of a licensed attorney, a law student may assist 
with drafting a pleading or other document to be filed before the 
CCB. In addition, a licensed lawyer representing a party before the 
CCB may have a law student intern or clerk attend any part of the 
party's proceeding.'').
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District Court Referrals

    The CASE Act provides that CCB proceedings ``shall qualify as an 
alternative dispute resolution process under [28 U.S.C. 651] for 
purposes of referral of eligible cases by district courts of the United 
States upon the consent of the parties.'' \11\ The alternative dispute 
resolution (``ADR'') process referenced allows a district court to 
refer litigants appearing before it to one of several ADR procedures 
with the goal of resolving the dispute prior to a trial. One of these 
ADR procedures, arbitration, involves a resolution of the parties' 
claims and defenses on the merits and accordingly requires the consent 
of both parties. Similarly, the CASE Act requires that a district 
court's referral of a dispute to the CCB for resolution occur only when 
both parties consent.\12\
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    \11\ 17 U.S.C. 1509(b).
    \12\ Id. (``A proceeding before the Copyright Claims Board under 
this chapter shall qualify as an alternative dispute resolution 
process under section 651 of title 28 for purposes of referral of 
eligible cases by district courts of the United States upon the 
consent of the parties.'')
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    The CASE Act created a tribunal for the resolution of certain 
copyright claims in a manner more efficient and less costly than in 
district court. The CCB's treatment of cases referred to it by district 
courts should be consistent with these goals. The Office understands 
the Act's referral provision to anticipate that such referrals would be 
resolved on the merits by the CCB, which would issue a final decision, 
subject to the CASE Act's provisions for reconsideration and 
review.\13\ Certain CASE Act provisions, e.g., those governing service 
of the claim and opting out, are superfluous and inconsistent with a 
streamlined process in the referral context. If the CCB required 
Federal court litigants, who have already consented to a referral to 
the CCB, to comply with unnecessary procedural rules, the goals of the 
Act would be undermined.
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    \13\ Id.
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    Accordingly, while the Office believes that the CCB's procedural 
steps and regulations serve an important role, adhering to certain 
provisions would not always be in the parties' (or the CCB's) 
interests. For example, claims referred from district courts are likely 
to come to the CCB at different stages of litigation, including before, 
during, or after discovery or substantive motion practice, which may 
narrow or amend the issues in dispute. Moreover, it would be 
inefficient for parties to undertake discovery as set forth in CCB 
regulations if they previously had completed discovery during district 
court proceedings. Finally, it is unnecessary to engage in the opt-out 
process when both parties have consented to having their claims decided 
by the CCB. At the same time, other provisions, such as those governing 
the CCB's ability to set conferences as needed, the types of evidence 
that can be submitted at virtual hearings, records and publication, 
requests for reconsideration, the Register's review, party conduct, law 
student representation, class action opt-out procedures, and dismissal 
for unsuitability seem equally appropriate for all claims before the 
CCB.
    When a claim is referred to the CCB by a district court on consent 
of the parties pursuant to 17 U.S.C. 1509(b), the Office proposes that 
the parties to that case email the CCB as soon as possible (at 
[email protected]) for further instructions on how to continue 
proceedings before the CCB, including on how to open a docket in eCCB 
outside of the standard process. The CCB will issue a scheduling order, 
schedule a conference with the parties, and use its discretion to 
adjust or suspend standard rules that would otherwise apply, subject to 
identified exceptions, in the interests of efficiently resolving the 
dispute.
    Going forward, the Office does not propose requiring claimants to 
pay a fee under 37 CFR 201.3(g)(1) for claims referred from a district 
court. Further, claims referred by district courts will not be included 
when calculating the maximum number of proceedings a clamant, attorney, 
or law firm can bring before the CCB.\14\
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    \14\ See 17 U.S.C. 1506(f)(3)(C), 1510(a)(1); 37 CFR 233.
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Proof of Service Form, Evidence in Default Determinations, and Edits 
for Consistency

    In its initiating proceeding regulations, the Office required 
claimants to ``file a completed proof of service form'' to evidence 
that service of the claim on the respondent had been completed, and 
stated that such ``proof of service form shall be located on the 
Board's website.'' \15\ The amendments proposed here will make clear 
that claimants may submit proof of service forms, by using either the 
form provided by the CCB or an alternative form that contains all of 
the information required in the CCB-provided form. Further, the 
proposed rule clarifies that evidence presented by the parties in a 
default proceeding is not limited to any materials exchanged in 
discovery, because a default proceeding may occur before discovery has 
concluded or even begun. Finally, the rule contains updated cross 
references and additional references to ``counterclaims,'' where 
earlier references only addressed ``claims.''
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    \15\ 37 CFR 222.5(b)(3)(i).
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Conclusion

    The Office finds good cause to issue these regulations as final 
interim rules, with an immediate effective date.\16\ We believe that 
notice and public comment are unnecessary for certain insignificant 
changes, including typographical errors, updated cross references, and 
clarifications. Although the rules governing district court referrals, 
proof of service forms, default proceedings, and law student 
representation could benefit from public comment, notice

[[Page 77520]]

and public comment in advance of this rule's publication is 
impracticable, as the CCB has already begun operations and started 
accepting claims. For example, the CCB must have rules in place for 
district court referrals, as one such referral has already been made to 
the CCB. Accordingly, the Office is publishing this rule as final 
without first issuing a notice of proposed rulemaking, but seeks public 
comment regarding the subjects of this interim rule for any future 
amendments deemed appropriate.
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    \16\ 5 U.S.C. 553(b)(B), (d)(3).
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List of Subjects in 37 CFR Parts 222, 224, 225, 233, 234, and 235

    Claims, Copyright.

Interim Regulations

    For the reasons stated in the preamble, the U.S. Copyright Office 
amends 37 CFR parts 222, 224, 225, 233, 234, and 235 as follows:

PART 222--PROCEEDINGS

0
1. The authority citation for part 222 continues to read as follows:

    Authority:  17 U.S.C. 702, 1510.


0
2. Amend Sec.  222.5 by revising the last sentence of paragraph 
(b)(3)(i) to read as follows:


Sec.  222.5  Service; waiver of service; filing.

* * * * *
    (b) * * *
    (3) * * *
    (i) * * * A claimant shall submit a completed proof of service 
document, using either the proof of service form available on the 
Board's website or a substantively similar proof of service document 
that provides all of the information required by the Board's form.
* * * * *

0
3. Amend Sec.  222.9 as follows:
0
a. Revise paragraphs (c)(2)(i) through (iii);
0
b. Add paragraph (c)(2)(iv);
0
c. Revise paragraphs (c)(3)(iii)(E) and (G);
0
d. Revise paragraphs (c)(4)(iii) introductory text, (c)(4)(iii)(C), 
(c)(6), (d) introductory text, and (d)(5);
0
e. Redesignate paragraph (d)(6) as paragraph (d)(7); and
0
f. Add new paragraph (d)(6).
    The revisions and additions read as follows:


Sec.  222.9  Counterclaim.

* * * * *
    (c) * * *
    (2) * * *
    (i) A counterclaim for infringement of an exclusive right in a 
copyrighted work provided under 17 U.S.C. 106;
    (ii) A counterclaim for a declaration of noninfringement of an 
exclusive right in a copyrighted work provided under 17 U.S.C. 106;
    (iii) A counterclaim under 17 U.S.C. 512(f) for misrepresentation 
in connection with--
    (A) A notification of claimed infringement; or
    (B) A counter notification seeking to replace removed or disabled 
material; or
    (iv) A counterclaim that arises under an agreement pertaining to 
the same transaction or occurrence that is the subject of a claim of 
infringement brought under 17 U.S.C. 1504(c)(1), if the agreement could 
affect the relief awarded to the claimant;
    (3) * * *
    (iii) * * *
    (E) Whether the alleged infringement has continued through the date 
the counterclaim was filed, or, if it has not, when the alleged 
infringement ceased;
* * * * *
    (G) If the infringement counterclaim is asserted against an online 
service provider as defined in 17 U.S.C. 512(k)(1)(B) for infringement 
by reason of the storage of or referral or linking to infringing 
material that may be subject to the limitations on liability set forth 
in 17 U.S.C. 512(b), (c), or (d), an affirmance that the 
counterclaimant has previously notified the service provider of the 
claimed infringement in accordance with 17 U.S.C. 512(b)(2)(E), (c)(3), 
or (d)(3), as applicable, and that the service provider failed to 
remove or disable access to the material expeditiously upon the 
provision of such notice;
    (4) * * *
    (iii) A brief description of the activity at issue in the 
counterclaim, including, to the extent known to the counterclaimant:
* * * * *
    (C) Whether the activities at issue have continued through the date 
the counterclaim was filed;
* * * * *
    (6) For infringement counterclaims, misrepresentation 
counterclaims, and counterclaims arising under an agreement as provided 
in paragraph (a)(2), a statement describing the harm suffered by the 
counterclaimant(s) as a result of the alleged activity and the relief 
sought by the counterclaimant(s). Such statement may, but is not 
required to, include an estimate of any monetary relief sought;
* * * * *
    (d) Additional matter. The counterclaimant may also include, as 
attachments to or files that accompany the counterclaim, any material 
the counterclaimant believes plays a significant role in setting forth 
the facts of the counterclaim, such as:
* * * * *
    (5) A copy of the counter notification that is alleged to contain 
the misrepresentation;
    (6) A copy of any agreements related to the counterclaim, including 
any amendments or revisions; and
* * * * *

0
4. Amend Sec.  222.10 as follows:
0
a. Revise paragraphs (b)(3) through (5) and (c)(5);
0
b. Redesignate paragraph (c)(6) as paragraph (c)(7); and
0
c. Add new paragraph (c)(6).
    The revisions and addition are as follows:


Sec.  222.10  Response to counterclaim.

* * * * *
    (b) * * *
    (3) For infringement counterclaims, as set forth in 37 CFR 
222.9(c)(2)(i), a statement describing in detail the dispute regarding 
the alleged infringement, including any defenses as well as any reason 
why the counterclaim respondent believes there was no infringement of 
copyright, including any exceptions and limitations as set forth in 17 
U.S.C. 107 through 122 that are implicated;
    (4) For declaration of noninfringement counterclaims, as set forth 
in 37 CFR 222.9(c)(2)(ii), a statement describing in detail the dispute 
regarding the alleged infringement, including any defenses as well as 
reasons why the counterclaim respondent believes there is infringement 
of copyright;
    (5) For misrepresentation counterclaims, as set forth in 37 CFR 
222.9(c)(2)(iii), a statement describing in detail the dispute 
regarding the alleged misrepresentation, including any defenses as well 
as an explanation of why the counterclaim respondent believes the 
identified words do not constitute misrepresentation; and
* * * * *
    (c) * * *
    (5) A copy of the counter notification that is alleged to contain 
the misrepresentation;
    (6) A copy of any agreements related to the counterclaim, including 
any amendments or revisions; and
* * * * *

0
5. Amend Sec.  222.15 by revising paragraph (b)(1)(ii) to read as 
follows


Sec.  222.15  Written testimony on the merits.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Except when testimony is submitted pursuant to Sec.  227.2 or 
Sec.  227.4

[[Page 77521]]

of this subchapter, direct or response documentary evidence shall only 
include documents that were served on opposing parties pursuant to the 
scheduling order, absent leave from the Board, which shall be granted 
only for good cause.
* * * * *

PART 224--REVIEW OF CLAIMS BY OFFICERS AND ATTORNEYS

0
6. The authority citation for part 224 continues to read as follows:

    Authority:  17 U.S.C. 702, 1510.


0
7. Amend Sec.  224.2 by revising the first sentence of paragraph (c) to 
read as follows:


Sec.  224.2  Dismissal for unsuitability.

* * * * *
    (c) At any time, any party who believes that a claim or 
counterclaim is unsuitable for determination by the Board may file a 
request providing the basis for such belief. * * *

PART 225--DISCOVERY

0
8. The authority citation for part 225 continues to read as follows:

    Authority:  17 U.S.C. 702, 1510.


0
9. Amend Sec.  225.2 by revising paragraphs (a)(2) and (3), (b) 
introductory text, (b)(1) and (11), (c) introductory text, (c)(6), (d) 
introductory text, (e) introductory text, and (e)(1) to read as 
follows:


Sec.  225.2  Standard interrogatories.

    (a) * * *
    (2) The identity of any other individuals who may have material 
information related to the claims, counterclaims, or defenses, 
including contact information for the individuals, if known;
    (3) Any agreement or other relationship between the parties 
relevant to the claim or counterclaim;
* * * * *
    (b) For a party asserting infringement. In addition to paragraph 
(a) of this section, the standard interrogatories for a party asserting 
an infringement claim or counterclaim or responding to a claim or 
counterclaim for non-infringement shall consist of information 
pertaining to:
    (1) The allegedly infringed work's copyright registration, to the 
extent such information differs from or adds to information provided in 
the claim or counterclaim;
* * * * *
    (11) Any attempts by the party to cause the infringement to be 
ceased or mitigated prior to bringing the claim or counterclaim.
    (c) For a party asserting non-infringement. In addition to the 
information in paragraph (a) of this section, the standard 
interrogatories for a party responding to an infringement claim or 
counterclaim or asserting a claim or counterclaim for non-infringement 
shall consist of information pertaining to:
* * * * *
    (6) All defenses to infringement asserted by the party and a 
detailed basis for those defenses. Defenses listed in timely answers 
and timely updated answers to the standard interrogatories shall be 
considered by the Board and will not require an amendment of the 
response to an infringement claim or counterclaim or an amendment of a 
claim or counterclaim for non-infringement;
* * * * *
    (d) For a party asserting misrepresentation. In addition to the 
information in paragraph (a) of this section, the standard 
interrogatories for a party asserting a claim or counterclaim of 
misrepresentation under 17 U.S.C. 512(f) shall consist of information 
pertaining to:
* * * * *
    (e) For a party responding to misrepresentation claims or 
counterclaims. In addition to the information in paragraph (a) of this 
section, the standard interrogatories for a party responding to a claim 
or counterclaim of misrepresentation under 17 U.S.C. 512(f) shall 
consist of information pertaining to:
    (1) All defenses asserted to the misrepresentation claim or 
counterclaim and the basis for those assertions. Defenses listed in 
timely answers and timely updated answers to the standard 
interrogatories shall be considered by the Board and will not require 
an amendment of the response;
* * * * *

0
10. Amend Sec.  225.3 by revising paragraphs (a)(1) through (3), (b) 
introductory text, (b)(7), (c) introductory text, (d) introductory 
text, and (e) introductory text to read as follows:


Sec.  225.3  Standard requests for the production of documents.

    (a) * * *
    (1) All documents the party is likely to use in support of its 
claims, counterclaims, or defenses;
    (2) All other documents of which the party is reasonably aware that 
conflict with the party's claims, counterclaims, or defenses in the 
proceeding; and
    (3) All documents referred to in, or that were used in preparing, 
any of the party's responses to standard interrogatories.
    (b) For a party asserting infringement. In addition to the 
information in paragraph (a) of this section, the standard requests for 
the production of documents for a party asserting an infringement claim 
or counterclaim or responding to a claim or counterclaim for non-
infringement shall include copies of:
* * * * *
    (7) Documents showing attempts by the party to cause the cessation 
or mitigation of infringement prior to bringing the claim or 
counterclaim.
    (c) For a party asserting non-infringement. In addition to the 
information in paragraph (a) of this section, the standard requests for 
the production of documents for a party responding to an infringement 
claim or counterclaim or asserting a claim or counterclaim for non-
infringement shall include copies of:
* * * * *
    (d) For a party asserting misrepresentation. In addition to the 
information in paragraph (a) of this section, the standard requests for 
the production of documents for a party asserting a claim or 
counterclaim of misrepresentation under 17 U.S.C. 512(f) shall include 
copies of:
* * * * *
    (e) For a party responding to misrepresentation claims or 
counterclaims. In addition to the information in paragraph (a) of this 
section, the standard requests for the production of documents for a 
party responding to a claim or counterclaim of misrepresentation under 
17 U.S.C. 512(f) shall include copies of:
* * * * *

PART 233--LIMITATION ON PROCEEDINGS

0
11. The authority citation for part 233 continues to read as follows:

    Authority:  17 U.S.C. 702, 1510.


0
12. Amend Sec.  233.2 by adding paragraph (d) to read as follows:


Sec.  233.2  Limitation on proceedings.

* * * * *
    (d) District court referrals. In calculating the number of 
proceedings that have been filed by a claimant, sole practitioner, 
legal counsel, or a law firm under this section, claims referred by 
district courts will not be considered.

[[Page 77522]]

PART 234--LAW STUDENT REPRESENTATIVES

0
13. The authority citation for part 234 continues to read as follows:

    Authority:  17 U.S.C. 702, 1510.


0
14. Amend Sec.  234.1 by revising paragraphs (a)(1), (c), and (f) to 
read as follows:


Sec.  234.1  Law student representatives.

    (a) * * *
    (1) State law compliance. Any law student who is affiliated with a 
law school clinic or a pro bono legal services organization with a 
connection to the student's law school is qualified under applicable 
laws governing representation by law students of parties in legal 
proceedings, and meets the other requirements of this section may 
appear before the Copyright Claims Board (Board). Applicable laws are 
the laws, court rules, or bar rules of the jurisdiction that allow, 
authorize, or permit the student to practice law in conjunction with a 
law school clinic or pro bono legal services organization with a 
connection to the student's law school.
* * * * *
    (c) Attorney supervision. A law student who appears on behalf of a 
party in a proceeding before the Board shall be supervised by an 
attorney who is qualified under applicable state law governing 
representation by law students, as specified in paragraph (a) of this 
section. In supervising the law student, the attorney shall adhere to 
any rules regarding participant conduct.
* * * * *
    (f) Notice of appearance. In any proceeding in which a law student 
appears on behalf of a party, a notice of appearance shall be filed 
identifying the law student representative, the supervising attorney, 
and the law school clinic or pro bono legal organization with which 
they are affiliated, unless already identified in the party's claim, 
counterclaim, or response.
* * * * *

0
15. Part 235, consisting of Sec.  235.1, is added to read as follows:

PART 235--DISTRICT COURT REFERRALS

    Authority:  17 U.S.C. 702, 1509(b), 1510.


Sec.  235.1  District court referrals.

    (a) General. This section governs circumstances where a district 
court has referred a proceeding to the Board under 17 U.S.C. 1509(b) 
and 28 U.S.C. 651, as well as the Copyright Claims Board's (Board's) 
authority to suspend or amend certain regulations under this chapter 
after such a referral.
    (b) Amending or suspending procedural rules. (1) When a district 
court has referred a proceeding to the Board, the Board may suspend or 
amend rules governing its proceedings in the interests of justice, 
fairness, and efficiency, except as identified in paragraph (b)(2) of 
this section.
    (2) The Board may not suspend or amend the rules governing the 
following parts and sections: 37 CFR parts 227 through 232 and 234, 37 
CFR 220.1 through 220.4, 37 CFR 222.1, 37 CFR 223.3, or 37 CFR 224.2.
    (c) Requirement to contact the Board. When a district court has 
referred a proceeding to the Board, the parties to that case should 
email the Board (at [email protected]) as soon as possible for 
further instructions. The Board will issue the parties instructions on 
how to continue proceedings before the Board, including how to open a 
docket in eCCB without following the standard process to file a claim 
and pay a fee.
    (d) Fees. When a district court has referred a proceeding to the 
Board, a claimant is not required to pay the Board a fee to initiate a 
claim under 37 CFR 201.3(g)(1).

    Dated: December 2, 2022.
Shira Perlmutter,
Register of Copyrights and Director of the U.S. Copyright Office.

    Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2022-27027 Filed 12-16-22; 8:45 am]
BILLING CODE 1410-30-P