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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules 37 CFR Part 222

proposes to amend Chapter II, Subchapters A and B, of title 37 Code of Federal Regulations to read as follows:

Claims, Copyright.
37 CFR Part 223

Subchapter ACopyright Office and Procedures
Claims, Copyright.
37 CFR Part 224

PART 201GENERAL PROVISIONS

Claims, Copyright.
Proposed Regulations
1. The authority citation for part 201
continues to read as follows:

For the reasons stated in the preamble, the U.S. Copyright Office
Authority: 17 U.S.C. 702.

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2. In 201.3, revise the section heading and add paragraph g 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.

g Copyright Claims Board fees. The Copyright Office has established the following fees for specific services related to the Copyright Claims Board:

TABLE 4 TO PARAGRAPH g Fees $

Copyright claims board fees 1 Filing a claim before the Copyright Claims Board
2 Designation of a service agent by a corporation, partnership, or unincorporated association under 17 U.S.C. 1506g5B, or amendment of designation
3 Reserved

Subchapter BCopyright Claims Board and Procedures

3. Add part 220 to read as follows:

PART 220GENERAL PROVISIONS
Sec.
220.1

Definitions.

Authority: 17 U.S.C. 702, 1510.
220.1.

Definitions.

For purposes of this subchapter:
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.
A second notice means the notice of a proceeding sent by the Copyright Claims Board as described in 17 U.S.C.
1506h.
4. Add part 222 read as follows:
PART 222PROCEEDINGS
Sec.
222.1 Reserved 222.2 Initiating a proceeding; the claim.
222.3 Content of initial notice to respondent.
222.4 Second notice by or on behalf of the Board.
222.5 Service; designated service agents.
222.6 Waiver of service.
222.7 Response.
222.8 Counterclaim.
222.9 Response to counterclaim.
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Authority: 17 U.S.C. 702, 1510.
222.1

Reserved
222.2

Initiating a proceeding; the claim.

a Initiating a proceeding. A claimant may initiate a proceeding before the Copyright Claims Board by submitting the following information through the electronic filing system
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1 A claim, using a form provided on the Copyright Claims Boards website;
2 A completed initial notice, using the form provided on the Copyright Claims Boards website; and 3 The filing fee set forth in 37 CFR
201.3.
b Electronic filing requirement.
Except as provided, otherwise in this paragraph, to submit the claim and filing fee, the claimant must be a registered user of the Boards electronic filing system. A claimant who is unable to use the electronic filing system and submits the certification provided for in 37 CFR 222.5e2ii may initiate a proceeding by using printed forms and alternate submission instructions provided by the Copyright Claims Board.
c Contents of the claim. The claim shall include:
1 A caption, providing the names of the claimants and respondents;
2 Identification of the claims asserted against the respondents, which shall consist of at least one of the following:
i A claim for infringement of an exclusive right in a copyrighted work provided under 17 U.S.C. 106;
ii A claim for a declaration of noninfringement of an exclusive right in a copyrighted work provided under 17
U.S.C. 106; or, iii A claim under 17 U.S.C. 512f for misrepresentation in connection with A A notification of claimed infringement; or B A counter notification seeking to replace removed or disabled material;
3 The names and addresses of the claimants;
4 The names and addresses of the respondents;

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5 For a claim asserted under paragraph b2i of this section i Whether the claimant is the legal or beneficial owner of rights in a work protected by copyright and, if there are any co-owners, their names;
ii The following information for each work at issue in the claim:
A The title of the work;
B The authors of the work;
C If a copyright registration has issued for the work, the registration number and effective date of registration;
D If an application for copyright registration has been submitted but a registration has not yet issued, the service request number SR number and application date; and E The work of authorships category, as set forth in 17 U.S.C. 102 for each work at issue, or, if the claimant is unable to determine the applicable category, a brief description of the nature of the work.
iii A statement describing the facts relating to the alleged infringement, including, to the extent known:
A Which exclusive rights as set forth in 17 U.S.C. 106 are at issue;
B The beginning date of the alleged infringement;
C The names of the persons or organizations alleged to have infringed the work;
D The facts leading the claimant to believe the work has been infringed;
E Whether the alleged infringement has continued up to the date the claim was filed, or, if it has not, the date the alleged infringement ceased;
F Where the alleged acts of infringement occurred; and G If the claim of infringement is asserted against an online service
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