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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules 10 Provide information on how to become a registered user of the Boards electronic filing system;
11 State that parties may represent themselves in the proceeding, but note that a party may wish to consult with an attorney or with a law school clinic, and provide reference to pro bono free resources which may be available and are listed on the Boards website;
12 Include the name, address, email address, and telephone number of the claimants or, if a claimant is represented by counsel, of the claimants counsel;
13 Indicate where other pertinent information concerning proceedings before the Board may be found on the Boards website;
14 Provide direction on how a respondent may opt out of the proceeding, either online or by mail;
and 15 Include any additional information that the Board may determine should be included.
b Following notification from the Board pursuant to section 17 U.S.C.
1506f1A to proceed with service of the claim, the respondent shall cause the initial notice, the claim, the paper opt-out notification form, and any other documents required by the direction of the Board to be served with the initial notice and the claim, upon each respondent as prescribed in 37 CFR
222.5a and 17 U.S.C. 1506g. The copy of the claim that is served shall be the copy that is, at the time of service, available on the Boards electronic filing system.

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222.4 Second Notice by or on behalf of the Board.

a Content of second notice. The second notice to the respondent shall:
1 Include on the first page a caption identifying the parties and the docket number;
2 Be addressed to the respondent, using the address that appeared in the initial notice;
3 Include the claimant identification and contact information from the initial notice;
4 Advise the respondent that a legal proceeding has been commenced by the claimants in the Copyright Claims Board against the respondent;
5 Identify the nature of the claims asserted against the respondent, 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; and
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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.
6 State that the respondent has the right to opt out of participating in the proceeding, and that the consequence of opting out is that the proceeding will be dismissed without prejudice and the claimant will have to determine whether to file a lawsuit in a federal district court;
7 State that if the respondent does not opt out within 60 days from the day the respondent received the initial notice, the consequences are that the proceeding will go forward and the respondent will i Lose the opportunity have the dispute decided by the federal court system, created under Article III of the Constitution of the United States; and ii Waive the right to have a trial by jury regarding the dispute;
8 Provide information on how to access the docket of the proceeding in the Boards electronic filing system;
9 Provide information on how to become a registered user of the Boards electronic filing system;
10 State that parties may represent themselves in the proceeding, but note that a party may wish to consult with an attorney or with a law school clinic, and provide reference to pro bono free resources which may be available and are listed on the Boards website;
11 Include the name, address, email address, and telephone number of the claimants or, if a claimant is represented by counsel, of the claimants counsel;
12 Indicate where other pertinent information concerning proceedings before the Board may be found on the Boards website;
13 Provide direction on how a respondent may opt out of the proceeding, either by online or by mail;
and 14 Include any additional information that the Board may determine should be included.
b Timing of second notice. The Board shall issue the second notice in the manner prescribed by 37 CFR 222.5
no later than 20 days after the claimant files proof of service or a completed waiver of service with the Board unless the respondent has already submitted an opt-out notification pursuant to 37 CFR
223.1.
222.5 Service; designated service agents.

a Service of initial notice, claim, and related documents1 Timing of
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service. A claimant or counterclaimant may proceed with service of a claim or counterclaim only after the claim or counterclaim is reviewed by a Copyright Claims Officer and found to comply with this part and 17 U.S.C. chapter 15.
2 Service methods. Service of the initial notice, the claim, and other documents required by this part or the Copyright Claims Board to be served with the initial notice and claim shall be made as provided under 17 U.S.C.
1506g, as supplemented by this section. If service is made upon a service agent designated under 17
U.S.C. 1506g5B, service shall be made by certified mail or by any other method that the entity that has designated the service agent has stated, in its designation under 222.5b7, that it will accept.
3 Filing of proof of service. i No later than seven calendar days after service of the initial notice and all accompanying documents under paragraph a2 of this section, a claimant shall file a completed proof of service form through the Boards electronic filing system. The proof of service form shall be located on the Boards website.
ii The claimants failure to comply with the filing deadline in paragraph a1 of this section may constitute exceptional circumstances justifying an extension of the 60-day period in which a respondent may deliver an opt-out notification to the Board under 17
U.S.C. 1506i.
b Designated service agents. 1 A
corporation, partnership, or unincorporated association that is entitled under 17 U.S.C. 1506g5B to designate a service agent to receive notice of a claim shall submit the designation electronically through the Copyright Claims Boards designated service agent directory, which shall be available on the Boards website.
2 A service agent designation shall be accompanied by the fee set forth in 37 CFR 201.3.
3 Each corporation, partnership, or unincorporated association that submits a service agent designation may include up to five trade names that function as alternate business names i.e., doing business as or d/b/a names under which a registered corporation, partnership, or unincorporated association is doing business. Related or affiliated corporations, partnerships, or unincorporated associations that are separate legal entities e.g., parent and subsidiary companies must file separate service agent designations, although a submitter may designate the same service agent for multiple
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