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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Proposed Rules others related to the notification or counter notification at issue;
4 The basis for the partys belief that the notification or counter notification included a misrepresentation; and 5 The harm, including a description and calculation of damages, caused by the alleged misrepresentation.
e For a party responding to misrepresentation claims. In addition to the information in paragraph a of this section, the standard interrogatories for a party responding to a claim of misrepresentation under 17 U.S.C.
512f shall consist of information pertaining to:
1 All defenses asserted to the misrepresentation claim and the basis for those assertions;
2 The basis for any other reasons the party believes that its statement did not constitute a misrepresentation; and 3 Any communications with the internet service provider, the parties, or others related to the notification or counter notification at issue.
f Duty to update. A party has an obligation to update its interrogatory responses and serve updated responses on the other parties as soon as practicable after the discovery of new or updated information.

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225.3

Requests for admission.

a General. Parties in an active proceeding may serve a maximum of 10
requests for admission on each other party relating to:
1 Facts, the application of law to fact, or opinions about either; and 2 The genuineness of any described documents, a copy of which must be attached to the request for admission.
b Form. Each matter must be separately stated in a request for admission in a numbered paragraph.
Compound requests for admission shall not be permitted.
c Responses to requests for admission. A response to a request for admission must be served within 30
days from the date of service of a request for admission. A matter admitted is conclusively established unless the Board, on request and for good cause shown, permits the admission to be withdrawn or amended.
If a matter is not admitted, the answer must specifically deny it or state in detail why the responding party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter, and when good faith requires that a party qualify an answer or deny only part of a matter, the answer must specify the part admitted and qualify or deny the rest. The responding party may assert lack of knowledge or information as a reason for failing to admit or deny
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only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.
d Failure to respond. A matter is not automatically admitted if a party fails to respond to a request for admission within the required timeframe.
However, the Board may deem it admitted in the Boards discretion subject to the Boards power to apply adverse inferences to discovery violations under 17 U.S.C. 1506n3.
225.4 Standard production of document requests.

a General. Parties in an active proceeding shall use the relevant set of standard production of document requests provided on the Boards website. Standard production of document requests shall include copies of:
1 All documents the party is likely to use in support of its claims or defenses;
2 All other documents of which the party is reasonably aware that conflict with the partys claims or defenses;
3 All documents related to damages;
and 4 All documents referred to in, or that were used in preparing, any of the partys responses to standard interrogatories.
b For a party asserting infringement.
In addition to the information in paragraph a of this section, the standard production of document requests for a party asserting an infringement claim or responding to a claim for non-infringement shall include copies of:
1 The work claimed to be infringed, its copyright registration, and all correspondence with the Copyright Office regarding that registration;
2 The allegedly infringing material, if reasonably available;
3 Where the allegedly infringed work is a derivative work, documents showing the preexisting works used and related to ownership of and rights to use those preexisting elements;
4 Documents related to the allegedly infringing material, including communications about the allegedly infringing material;
5 Agreements related to ownership of or rights in the works at issue;
6 Documents related to the partys ownership of the copyright in the allegedly infringed work;
7 Documents relating to the damages suffered by the party as a result of the alleged infringement; and 8 Documents related to attempts by the party to cause the cessation or
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mitigation of infringement prior to bringing the claim.
c For a party asserting noninfringement. In addition to the information in paragraph a of this section, the standard production of document requests for a party responding to an infringement claim or asserting a claim for non-infringement shall include copies of:
1 The allegedly infringing material;
2 Documents related to the allegedly infringed work, including communications regarding the allegedly infringed work;
3 Documents related to the creation of the allegedly infringing material or rights regarding the allegedly infringing material;
4 Agreements related to ownership of or rights in the works at issue; and 5 For a party responding to infringement claims or counterclaims, documents related to the revenues and profits the party has received directly related to the sale or use of the allegedly infringing material, as well as the deductible expenses directly related to that sale or use, and the elements of profit for that sale or use attributable to factors other than the copyrighted work.
d For party asserting misrepresentation. In addition to the information in paragraph a of this section, the standard production of document requests for a party asserting a claim of misrepresentation under 17
U.S.C. 512f shall include copies of:
1 The notification or counter notification at issue;
2 Communications with the internet service provider concerning the notification or counter notification at issue; and 3 Documents pertaining to the truth or falsity of any representations made in the notification or counter notification.
e For party responding to misrepresentation claims. In addition to the information in paragraph a of this section, the standard production of document requests for a party responding to a claim of misrepresentation under 17 U.S.C.
512f shall include copies of:
1 Communications with the internet service provider concerning the notification or counter notification at issue; and 2 Documents pertaining to the truth or falsity of any representations made in the notification or counter notification.
f Document searches and productions1 General. Each party shall have an obligation to conduct a reasonable search for any responsive documents of any files in its possession or under its control, including the files of any of the partys agents, employees,
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