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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Proposed Rules
37 CFR Part 225
Claims, Copyright.

Subchapter ACopyright Office and Procedures
37 CFR Part 232
Claims, Copyright.

37 CFR Part 226
Claims, Copyright.

PART 201GENERAL PROVISIONS

37 CFR Part 233

1. The authority citation for part 201
continues to read as follows:

Claims, Copyright.

37 CFR Part 227

Proposed Regulations
Claims, Copyright.

For the reasons stated in the preamble, the U.S. Copyright Office proposes to further amend chapter II, subchapters A and B, of title 37 Code of Federal Regulations, as proposed to be amended at 86 FR 53897 September 29, 2021, as follows:

37 CFR Part 228
Claims, Copyright.
37 CFR Part 229
Claims, Copyright.
37 CFR Part 230
Claims, Copyright.
37 CFR Part 231

Authority: 17 U.S.C. 702.
Section 201.10 also issued under 17 U.S.C.
304.

2. In 201.3, revise the first column heading in table 4 to paragraph g and add paragraph g3 to read as follows:

201.3 Fees for registration, recordation, and related services, special services, and services performed by the Licensing Section and the Copyright Claims Board.

Claims, Copyright.

g

TABLE 4 TO PARAGRAPH g Fees $

Copyright claims board fees

3 Filing fee for review of a final CCB determination by the Register

Subchapter BCopyright Claims Board and Procedures

3. Revise part 220 to read as follows:

PART 220GENERAL PROVISIONS
Sec.
220.1
220.2
220.3
220.4

Definitions.
Authority and functions.
Handbook.
Timing.

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

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220.1

Definitions.

For purposes of this subchapter:
a A claim becomes an active proceeding when the claimant has filed proof of service and the respondent has not, within the sixty day opt-out period, submitted an opt-out notice to the Copyright Claims Board.
b Bad-faith conduct occurs when a party pursues a claim, counterclaim, or defense for a harassing or other improper purpose, or without a reasonable basis in law or fact. Such conduct may occur at any point during a proceeding, including before a proceeding becomes an active proceeding.
c A default determination is a final determination issued as part of the default procedures set forth in 17 U.S.C.
1506u when the respondent does not participate in those procedures.
d A final determination is a decision that concludes an active proceeding before the Board and is binding only on the participating parties. A final determination generally assesses the
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merits of the claims in the proceeding, except when issued to dismiss a claimants claims for failure to prosecute.
e Standard interrogatories are written questions provided by the Board that a party in an active proceeding must answer as part of discovery.
f An initial notice means the notice of a proceeding that accompanies a claim or counterclaim in a Copyright Claims Board proceeding as described in 17 U.S.C. 1506g.
g A second notice means the notice of a proceeding sent by the Copyright Claims Board as described in 17 U.S.C.
1506h.
h Standard production of document requests are written requests provided by the Board requiring a party to provide documents, other information, or tangible evidence as part of discovery in an active proceeding.
220.2

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300

Handbook.

The Copyright Claims Board may issue a handbook explaining the Boards practices and procedures. The handbook may be viewed, downloaded, or printed from the Boards website. The handbook will not override any existing statute or regulation.
220.4

Timing.

When the start or end date for calculating any deadline set forth in this subchapter falls on a weekend or a Federal holiday, the start or end date shall be extended to the next Federal workday. Any document subject to a deadline must be either submitted to the electronic filing system by 11:59 p.m.
Eastern Time on the date of the deadline or dispatched by the date of the deadline.
PART 222PROCEEDINGS
4. The authority citation for part 222
continues to read as follows:

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

Authority and functions.

The Copyright Claims Board Board is an alternative forum to Federal court in which parties may voluntarily seek to resolve certain copyright-related claims regarding any category of copyrighted work, as provided in chapter 15 of title 17 of the United States Code. The Boards proceedings are governed by title 17 of the United States Code and the regulations in this subchapter.

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220.3

5. Add 222.1 to read as follows:

222.1 Applicability of the Federal Rules of Civil Procedure and Federal Rules of Evidence.

The rules of procedure and evidence governing proceedings before the Copyright Claims Board Board are set forth in this part. Parties may cite to the Federal Rules of Civil Procedure or the Federal Rules of Evidence FRE
as persuasive authority. The Board may
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