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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations List of Subjects in 33 CFR Part 165

LIBRARY OF CONGRESS

Harbors, Marine safety, Navigation water, Reporting and recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

Copyright Office 37 CFR Parts 201, 203 and 221
Docket No. 20212

PART 165REGULATED NAVIGATION
AREAS AND LIMITED ACCESS
AREAS.
1. The authority citation for part 165
continues to read as follows:

Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.051, 6.041, 6.046, and 160.5;
Department of Homeland Security Delegation No. 0170.1.

2. Add 165.T080644 to read as follows:

165.T080644 Safety Zone; Lower Mississippi River, Waxhaw, MS; MM 593
597.

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a Location. The following area is a safety zone: All navigable waters of the Lower Mississippi River from Mile Marker MM 593 through MM 597.
b Regulations. 1 Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph a of this section unless authorized by the Captain of the Port Sector Lower Mississippi River COTP or the COTPs designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG Sector Lower Mississippi River.
2 To seek permission to enter, contact the COTP or the COTPs representative via VHFFM channel 16
or by telephone at 3142692332. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTPs designated representative.
c Enforcement period. This section will be enforced from August 13, 2021, through September 15, 2021.
d Information broadcasts. The COTP
or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety Marine Information Broadcasts, as appropriate.
Dated: August 13, 2021.
R.S. Rhodes, Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi River.
FR Doc. 202117632 Filed 81721; 8:45 am BILLING CODE 911004P

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Copyright Alternative in Small-Claims Enforcement CASE Act Regulations: Expedited Registration and FOIA
U.S. Copyright Office, Library of Congress.
ACTION: Final rule.
AGENCY:

The U.S. Copyright Office is amending its regulations to establish a new expedited registration option under the Copyright Alternative in SmallClaims Enforcement Act of 2020 and to provide a technical update to the Offices Freedom of Information Act regulations. To qualify for this expedited registration option, the works being registered must be the subject of a claim or counterclaim before the Copyright Claims Board.
DATES: Effective September 17, 2021.
FOR FURTHER INFORMATION CONTACT:
Kevin R. Amer, Acting General Counsel and Associate Register of Copyrights, by email at kamer@copyright.gov; John R.
Riley, Assistant General Counsel, by email at jril@copyright.gov, or Brad A.
Greenberg, Assistant General Counsel, by email at brgr@copyright.gov. Each can be contacted by telephone at 202
7078350.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Background A. Statutory Framework On December 27, 2020, the President signed into law the Copyright Alternative in Small-Claims Enforcement CASE Act of 2020.1
The CASE Act establishes the Copyright Claims Board CCB or Board, a voluntary, alternative forum to federal court for parties to seek resolution of copyright disputes that have a low economic value small copyright claims.2 The creation of the CCB does 1 Public Law 116260, sec. 212, 134 Stat. 1182, 2176 2020.
2 See, e.g., H.R. Rep. No. 116252, at 1820
2019; S. Rep. No. 116105, at 78 2019. Note, the CASE Act legislative history cited is for H.R. 2426
and S. 1273, the CASE Act of 2019, a bill nearly identical to the CASE Act of 2020. See H.R. 2426, 116th Cong. 2019; S. 1273, 116th Cong. 2019. In developing the CASE Act, Congress drew on model legislation in the Offices 2013 policy report, Copyright Small Claims, https www.copyright.gov/
docs/smallclaims/usco-smallcopyrightclaims.pdf Copyright Small Claims. Congress also incorporated the Offices report and supporting materials into the statutes legislative history. H.R.
Rep. No. 116252, at 19; S. Rep. No. 116105, at 2.

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not displace or limit the ability to bring small copyright claims in federal court, but rather provides a more accessible alternative forum.3 The CCB has authority to hear copyright infringement claims, claims seeking a declaration of noninfringement, and misrepresentation claims under section 512f of title 17.4
Participation before the CCB is voluntary for all parties,5 and all determinations are non-precedential.6
The Copyright Office is in the process of standing up the CCB and intends to promulgate several operational and procedural rules.7 Congress directed the CCB to begin operations by December 27, 2021, though the Register may, for good cause, extend that deadline by not more than 180 days.8
Consistent with the overall goal of providing a cost-effective, streamlined alternative to federal litigation, the CASE Act includes provisions addressing the Copyright Acts registration prerequisite to filing an infringement action. In general, the owner of the copyright in a United States work may not initiate an infringement suit until the Office has issued or refused to issue a copyright registration.9 Additionally, the Copyright Act provides that in most instances, for a copyright owner to qualify for an award of attorneys fees or statutory damages, the infringed work must have been registered on or before the date the infringement commenced, unless registration is made within three months after the works first publication.10 In considering the challenges facing those involved in 3 H.R. Rep. No. 116252, at 17; S. Rep. No. 116
105, at 23, 9.
4 17 U.S.C. 1504c13. The CCB cannot issue injunctive relief but can require that an infringing party cease or mitigate its infringing activity in the event such party agrees and the agreement is reflected in the proceedings record. Id. at 1504e2Ai, e2B. This provision also applies to parties making knowing material misrepresentations under section 512f. Id. at 1504e2Aii.
5 See id. at 1504a; H.R. Rep. No. 116252, at 17, 21; S. Rep. No. 116105, at 3, 11.
6 H.R. Rep. No. 116252, at 2122, 33; S. Rep. No.
116105, at 14.
7 See 86 FR 16156 Mar. 26, 2021.
8 Public Law 116260, sec. 212d, 134 Stat. at 2199.
9 17 U.S.C. 411a No civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title or the deposit, application, and fee required for registration have been delivered to the Copyright Office in proper form and registration has been refused.; Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, 886 2019 holding that registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.
10 17 U.S.C. 412.

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