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Proposed Rules
Federal Register Vol. 86, No. 248
Thursday, December 30, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

LIBRARY OF CONGRESS
Copyright Office 37 CFR Parts 201, 232, and 234
Docket No. 20219

Copyright Claims Board:
Representation by Law Students and of Business Entities U.S. Copyright Office, Library of Congress.

AGENCY:
ACTION:

Notice of proposed rulemaking.

The U.S. Copyright Office is issuing a notice of proposed rulemaking to establish procedures governing the appearance of law student representatives and employees of business entities in proceedings before the Copyright Claims Board.

SUMMARY:

Initial written comments must be received no later than 11:59 p.m. EDT
on February 3, 2022. Written reply comments must be received no later than 11:59 p.m. EDT on February 18, 2022.

DATES:

For reasons of Government efficiency, the Copyright Office is using the Regulations.gov system for the submission and posting of public comments in this proceeding. All comments are therefore to be submitted electronically through regulations.gov.
Specific instructions for submitting comments are available on the Copyright Office website at http
copyright.gov/rulemaking/case-actimplementation/representation/. If electronic submission of comments is not feasible due to lack of access to a computer or the internet, please contact the Office using the contact information below for special instructions.

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ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Megan Efthimiadis, Assistant to the General Counsel, by email at meft@
copyright.gov, or by telephone at 202
7078350.
SUPPLEMENTARY INFORMATION:

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I. Background On December 27, 2020, the President signed into law the Copyright Alternative in Small-Claims Enforcement CASE Act of 2020.1
The CASE Act directs the Copyright Office to establish the Copyright Claims Board CCB, an alternative forum to federal court in which parties may seek resolution of copyright disputes that are capped at a lower economic value.2 The CCB has authority to hear copyright infringement claims, claims seeking a declaration of non-infringement, and misrepresentation claims under section 512f of title 17.3 Participation in the CCB is voluntary for all parties,4 and all determinations are non-precedential.5
The CASE Act directs the Register of Copyrights to establish the regulations by which the CCB will conduct its proceedings, subject to the provisions of chapter 15 and relevant principles of law under title 17.6 The Office has issued a notification of inquiry NOI,7 three notices of proposed rulemaking NPRMs,8 and one final rule 9 related to CCB procedures. In this notice of proposed rulemaking, the Office proposes procedures governing qualified law students who represent parties in CCB proceedings and procedures governing representation of corporations, limited liability companies, partnerships, sole proprietorships, or other unincorporated associations collectively, business entities.
1 Public Law 116260, sec. 212, 134 Stat. 1182, 2176 2020.
2 See, e.g., H.R. Rep. No. 116252, at 1820
2019; S. Rep. No. 116105, at 13 2019. Note, the CASE Act legislative history cited is for H.R. 2426
and S. 1273, the CASE Act of 2019, a bill nearly identical to the CASE Act of 2020. See H.R. 2426, 116th Cong. 2019; S. 1273, 116th Cong. 2019.
3 17 U.S.C. 1504c13. The CCB cannot issue injunctive relief, but can require that an infringing party cease or mitigate its infringing activity in the event such party agrees and the agreement is reflected in the proceedings record. Id. at 1504e2Ai, e2B. This provision also applies to parties making knowing material misrepresentations under section 512f. Id. at 1504e2Aii.
4 Id. at 1504a; see H.R. Rep. No. 116252, at 17, 21; S. Rep. No. 116105, at 3, 11.
5 17 U.S.C. 1507a3; see H.R. Rep. No. 116252, at 2122, 33; S. Rep. No. 116105, at 14.
6 17 U.S.C. 1506a1.
7 86 FR 16156 Mar. 26, 2021.
8 86 FR 49273 Sept. 2, 2021, 86 FR 53897 Sept.
29, 2021, and 86 FR 69890 Dec. 8, 2021.
9 86 FR 46119 Aug. 18, 2021.

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II. Proposed Rule Under the CASE Act, a party before the CCB may be represented by a law student who is qualified under applicable law governing representation by law students of parties in legal proceedings and who provides such representation on a pro bono basis. 10
Consistent with Congresss directive to develop a system that is accessible to those with little prior formal exposure to copyright laws, 11 the Office is committed to facilitating law student representation through law school clinics, which play an important role in providing expanded legal access to often underserved members of the public.12
In response to the NOI, one group of commenters suggested that the Office adopt regulations establishing standards for law student representation, such as enrollment in good standing at an American Bar Association ABAcertified law school, participation in a law school clinic focused on copyright, and supervision by an attorney who takes responsibility for the students work.13 The comments also suggested that the Office maintain a public database of participating law school clinics and include a summary of the law student representation programs activities as part of the Registers annual report to Congress.14 The Office has considered these suggestions as set forth below.
To assess the applicable law that would govern any law students appearing before the CCB, the Office surveyed regulations pertaining to law student representation in several 10 17

U.S.C. 1506d2.
Rep. No. 116252, at 17.
12 Ilana Kowarski, How to Gauge the Strength of Law School Clinics, U.S. News & World Report Apr. 12, 2018, https www.usnews.com/
education/best-graduate-schools/top-law-schools/
articles/2018-04-12/how-to-gauge-the-strength-oflaw-school-clinics A law school clinic will often perform significant public service projects, such as representing indigent legal clients who cannot afford to pay for legal representation..
13 Copyright Alliance, Am. Photographic Artists, Am. Socy for Collective Rights Licensing, Am.
Socy of Media Photographers, The Authors Guild, CreativeFuture, Digital Media Licensing Assn, Graphic Artists Guild, Indep. Book Pubs. Assn, Music Creators N. Am., Natl Music Council of the United States, Natl Press Photographers Assn, N.
Am. Nature Photography Assn, Prof. Photographers of Am., Recording Academy, Screen Actors GuildAm. Fed. of Television and Radio Artists, Socy of Composers & Lyricists, Songwriters Guild of Am. &
Songwriters of N. Am. Initial NOI Comments at 43
45.
14 Id.
11 H.R.

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