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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1

include explanations of copyright law,42
fair use,43 and other defenses.44
Multiple commenters argued that the notice should not include elements of infringement or defenses, but should simply state that there are defenses available and include a link to the Copyright Office web page with information about fair use and other defenses that would be typically raised.45 Many agreed that the notice should address the pros and cons of opting out, with several noting that the Board should do so clearly, concisely, and in a disinterested way.46
The Office appreciates parties comments on this issue and proposes that the initial notice to the respondent be provided in a form that includes the information required by the statute as well as additional basic information about the claim and the parties. The Office envisions a notice that, as is the case with summonses issued by federal courts, is clear and concise and is easy to understand. The Office also envisions that the notice will bear the Offices seal, the CCBs logo, and other indicia to identify it as an official document issued by the federal government.
The Office received a number of suggestions related to substantive claim information that should be attached to the notice, including evidence of infringement 47 and a picture of the allegedly infringing work.48 The Office believes that for efficiency and clarity, substantive information should be included in or attached to the claim, which sets forth the facts at issue, rather than the notice, which sets forth the procedural implications of the claim.
The initial notice is similar to a summons, and with a few exceptions Respondent during normal business hours to discuss the claim. Ryan Fountain Initial NOI
Comments at 1.
42 Anthony Davis Jr. & Katherine Luce Initial NOI
Comments at 2.
43 Patreon Initial NOI Comments at 3.
44 Copyright Alliance Initial NOI Comments at 11.
45 See, e.g., AIPLA Initial NOI Comments at 2;
Copyright Alliance, et al. Initial NOI Comments at 18.
46 See, e.g., Public Knowledge, Re:Create, Ctr. for Democracy & Tech., R St. Inst., Org. for Transformative Works Public Knowledge, et al.
Initial NOI Comments at 14 The notice language needs to describe the opt-out process clearly, concisely, and in a manner that is comprehensible to a lay audience.; Google Initial NOI Comments at 1 To the extent that the Office intends to give respondents information on the possible consequences of opting out, it will be important to communicate the associated uncertainty in a clear and disinterested way.; Authors Alliance Initial NOI Comments at 3 asserting among other things that the notice should also describe situations for which the tribunal may not be a suitable venue for dispute resolution.
47 Ben Vient Initial NOI Comments at 2.
48 Computer & Commss Indus. Assoc. & internet Assoc. CCIA & IA Initial NOI Comments at 3.

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such as the caption, docket number, and names and addresses of the parties, every notice issued by the Board will be identical. And, for the reasons stated above, the Office has included documentary evidence as an optional attachment to the claim rather than a requirement.
The proposed rule prescribes that claimants use an initial notice form provided by the Board, with most of the content prepared by the Board for use in all initial notices. Claimants will fill in certain information, such as the names, addresses, and contact information for the claimant and the respondent. The rule does not require that the claimant provide a telephone number or email address in the initial notice. Although the Office recognizes the benefits of providing means through which the parties may communicate to discuss the merits of a claim and to discuss settlement, the Office also recognizes that such information might implicate privacy or other interests. The Office invites comments on this proposed approach.
In addition to basic information about the parties, the notice form would require the claimant to identify the nature of the claims being assertedi.e., whether the claim is for copyright infringement, a declaration of noninfringement, or misrepresentation in connection with a notification or a counter notification served on an online service provider under section 512 of title 17.
The notice would also include the information required by 17 U.S.C. 1506, including a brief description of the CCB
and its proceedings, a statement advising the respondent of the right to opt out of the proceeding, how to opt out, and the consequences of doing so including the statements required by 17
U.S.C. 1506g1A and B. It is the Offices intention that the latter statement be concise, clear, and objective.
The notice will also direct the respondent as well as the claimant to further information that will be made available on the Office or CCB websites pertaining to copyright law, including exclusive rights, infringement, and exceptions and limitations, as well as further information on CCB
proceedings. Information will be provided on how to access the Boards electronic filing and document management system, which will also give respondents a means to confirm that the notice relates to a genuine legal proceeding.

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2. Service of Process and Designated Agents Under the statute, any individual who is not a party to the proceeding and is older than 18 years of age may effectuate service,49 and both service and waiver of service may only occur within the United States.50 Choosing how to effectuate service, however, depends on the nature of the respondent. The statute includes separate rules of service for individuals and corporations, partnerships, and unincorporated associations, including those organizations using designated service agents.51 No claims can be brought by or against a Federal or State governmental entity. 52
Service on an individual 53 may be effectuated by using procedures analogous to those in the Federal Rules of Civil Procedure.54 Service can be accomplished by complying with State law for serving a summons in an action brought in courts of general jurisdiction in the State where service is made. 55
Service can also be accomplished by leaving a copy of the notice and claim at the individuals dwelling or usual place of abode with someone of suitable age and discretion who resides there. 56
Finally, service on an individual can be accomplished by delivering a copy of the notice and claim to an agent designated by the respondent to receive service of process or, if not so designated, an agent authorized by appointment or by law to receive service of process. 57
Like individuals, corporations, partnerships, or unincorporated associations can be served by complying with State law for serving a summons in an action brought in courts of general jurisdiction in the State where service is made. 58 These organizations can also be served by delivering the notice and claim to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process in an action brought in courts of general jurisdiction in the State 49 17

U.S.C. 1506g3.
at 1506g9.
51 Id. at 1506g45.
52 Id. at 1504d3.
53 For a minor or an incompetent individual, service can be effectuated only by complying with 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. Id. at 1506g8; see also id. at 1506g4.
54 See Fed. R. Civ. P. 4e.
55 17 U.S.C. 1506g4A.
56 Id. at 1506g4C.
57 Id. at 1506g4D.
58 Id. at 1506g5Ai.
50 Id.

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