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

where service is made. 59 Under the statute, such corporations, partnerships, or unincorporated associations may elect to receive CCB claim notices via a designated service agent. The Office is required to establish regulations governing this designated service agent option and to maintain a current directory of service agents that is available to the public for inspection, including through the internet. 60 The Office may charge these organizations a fee to maintain the designated service agent directory.61
In the NOI, the Office requested comments specifically related to the designated service agent directory. The Office encouraged commenting parties to review the Offices designated agent directory for online service providers, created pursuant to the Digital Millennium Copyright Act DMCA, and to discuss to what extent the Office should use the DMCA database as a model.62 The Office also invited comments on how the system should indicate corporate parent-subsidiary relationships, and on fees. In addition, the Office noted its general authority to establish additional regulations governing service throughout a CCB
proceeding,63 and requested comment on any issues that should be considered related to that authority.
The Office received a number of comments regarding the ability of a corporate parent to act as a designated agent on behalf of a subsidiary. The majority of commenters who addressed the issue encouraged the designation of one agent for the corporate parent and all subsidiary firms.64 Commenters also recommended that service agents be able to choose their method of service,65
and some argued that after an eligible entity has designated a service agent, the only effective means of service that should be allowed is through the identified service agent in the database.66 The Office appreciates these comments and finds them to be generally consistent with the statutory text. The proposed rule allows a 59 Id. at 1506g5Aii. If the service agent is one authorized by statute and the statute so requires, the claimant must also mail a copy of the notice and claim to the respondent. Id.
60 Id. at 1506g5B.
61 Id.
62 86 FR at 16160.
63 17 U.S.C. 1506j.
64 Amazon Initial NOI Comments at 3; CCIA & IA
Initial NOI Comments at 3; Google Initial NOI
Comments at 1.
65 Amazon Initial NOI Comments at 3; Google Initial NOI Comments at 12.
66 Motion Picture Assn, Recording Indus. Assn of Am. & Software and Info. Assn of Am. MPA, RIAA & SIIA Initial NOI Comments at 5; Verizon Initial NOI Comments at 4.

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submitter to provide the same designated agent information for multiple companies, partnerships, or unincorporated associations, but a separate submission would be required for each entity. A designated agent submission is required to include identifying information for the business, including contact information, principal place of business, and for corporations, the state of incorporation, any associated state file or registration number, and all other states in which the corporation is registered to do business. Organizations may also list up to five alternate names under which they are doing business, i.e., trade names. The names provided will be used for indexing the designation, and the business contact information will not be on public view.
The submission must also include contact information for the service agent and the designating entitys consent to service by mail. An entity submitting a designation may also elect to accept service by email in addition to mail. In such cases, the email address of the designated service agent will be included in the public directory.
Although some parties suggested that the Office should require periodic renewal of the designated agent listing,67 the Office has not included such a requirement in the proposed rule. It is true that, in the context of the designated agent databases for online service providers under the DMCA, the Office implemented a renewal requirement to encourage effective compliance with the requirements of 17
U.S.C. 512c2. 68 That provision reflects the statutory requirement that a service provider must designate an agent with the Copyright Office to be eligible for statutory safe harbor provisions.69 Here, designating a service agent is not a statutory requirement for service on a corporation, partnership, or unincorporated association, but an administrative convenience.70 In addition, the claimant may effectuate service by alternative means. While the Office accepts the possibility that corporations, partnerships, or unincorporated associations may not keep current their designations, service 67 Copyright Alliance, et al. Initial NOI Comments at 1516.
68 81 FR 75695, 75698 Nov. 1, 2016.
69 17 U.S.C. 512c2 The limitations on liability established in this subsection apply . . .
only if the service provider has designated an agent to receive notification of claimed infringement . . .
and by providing the following information to the Copyright Office . . . ..
70 Id. at 1506g5B A corporation, partnership, or unincorporated association . . .
may elect to designate a service agent to receive notice of a claim against it..

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on the agent who is designated in the directory shall be valid unless the designating entity cancels or amends the designation. The Office believes that this should offer sufficient incentive to parties to keep their designations current.
Finally, the proposed rule provides that if the CCB determines that a designation does not qualify, or if it has reason to believe the submitter does not have authority to make the designation, CCB staff will notify the submitter that the designation will be removed. The submitter will then have ten days to respond. If the submitter does not respond, or the CCB determines that the response is insufficient, the entry will be removed from the directory.
The proposed rule also provides requirements for service of materials filed after the initial notice and claim.
The proposed rule has a general requirement for service through the CCBs electronic filing management system or by other means of electronic service, and establishes such service methods as the default. Unrepresented parties, however, may be excused from electronic service and instead receive service by mail or in-person delivery.
The same structure is proposed for filing documents beyond the initial notice and claim: parties who are excused from using the electronic filing and document management system may file documents by email, mail, hand delivery, or courier delivery.
D. Waiver of Service As an alternative to serving notice of the claim on a respondent, the statute allows the claimant to request waiver of service. The claimant must send the request for waiver of service to the respondent by first class mail or by other reasonable means, and return of the acceptance of waiver must be at no cost to the respondent.71 The claimants waiver request must be in writing, include a notice of the proceeding and a copy of the claim, state the date the request was sent, and provide the respondent thirty days to respond.72
The personal service waiver, if accepted by respondent, does not constitute a waiver of the respondents right to opt out of the proceeding.73
The Office received one comment specifically addressing waiver, expressing concern regarding the use of intimidating or misleading language. 74 The Office intends to 71 Id.

at 1506g6.
at 1506g6AB.
73 Id. at 1506g7A.
74 Engine Initial NOI Comments at 4.
72 Id.

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