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Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Proposed Rules on behalf of the entity in the District Court of Maryland, so long as the action is a small claims action and is not based on an assignment to the entity of the claim of another.35
Given the small claims nature of the CCB and the interest in facilitating participation before it, the proposed rule resembles the practices in some state small claims courts rather than the federal system. A business entity may be represented by an attorney, fiduciary, or authorized employee in a CCB
proceeding. Representatives must certify that they are authorized to represent and bind the entity; if the representative is an employee, the employee must also submit written proof of that authorization. The Office welcomes comments on this proposed framework.
List of Subjects 37 CFR Part 201
Copyright, General provisions.
37 CFR Part 232 and 234
Claims, Copyright.
Proposed Regulations For the reasons stated in the preamble, the U.S. Copyright Office proposes to amend Chapter II, Subchapters A and B, of title 37 Code of Federal Regulations, as proposed to be amended at 86 FR 69890 December 8, 2021, as follows:
SUBCHAPTER ACOPYRIGHT OFFICE
AND PROCEDURES

PART 201GENERAL PROVISIONS
1. The authority citation for part 201
continues to read as follows:

Authority: 17 U.S.C. 702.
Section 201.10 also issued under 17 U.S.C.
304.

2. In 201.2, revise paragraph a2 to read as follows:

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201.2
Office.

Information given by the Copyright
a
2 The Copyright Office does not furnish the names of copyright attorneys, publishers, agents, or other similar information to the public, except that it may provide a directory of pro bono representation available to participants in proceedings before the Copyright Claims Board.

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2021.

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SUBCHAPTER BCOPYRIGHT CLAIMS
BOARD AND PROCEDURES

PART 232CONDUCT OF PARTIES
3. The authority citation for part 232
continues to read as follows:

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

4. Add 232.6 to read as follows:

232.6 Representation of business entities.

a Definition. For the purpose of this section, a business entity is a corporation, limited liability company, partnership, sole proprietorship, or unincorporated association.
b Appearance of a business entity. A
business entity may appear before the Copyright Claims Board Board through: 1 A member in good standing of the bar of the highest court of a State, the District of Columbia, or any territory or commonwealth of the United States;
2 A law student who meets the requirements set forth in 37 CFR 234.1;
3 An owner, partner, officer, or member of the business entity; or 4 An authorized employee.
c Certification. Someone appearing before the Board to represent a business entity pursuant to paragraphs b3 or 4 of this section shall certify that they are an authorized agent of the business entity and may bind that entity in matters pending before the Board. If the representative qualifies only as an authorized employee under paragraph b4 of this section, then within 30
days of the authorized employees initial appearance, the representative also must submit written authorization, signed by an owner, partner, officer, or member of the business entity under penalty of perjury, stating that the representative may bind that entity on matters pending before the Board.
d Subject to standards of professional conduct. Representatives of business entities who appear pursuant to paragraphs b3 or 4 of this section are equally subject to the standards of conduct set forth in 37 CFR 232.1 as any other party representative.
5. Part 234 is added to read as follows:
PART 234LAW STUDENT
REPRESENTATIVES
Sec.
234.1
234.2

Law student representatives.
Law school clinic directory.

Authority: 17 U.S.C. 702, 1510.
234.1

Law student representatives.

a Eligibility for appearance. 1 State law compliance. Any law student who is affiliated with a law school clinic, is qualified under applicable laws
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governing representation by law students of parties in legal proceedings, and meets the other requirements of this paragraph may appear before the Copyright Claims Board Board.
Applicable law is the law of the jurisdiction that certifies the student to practice law in conjunction with a law school clinic.
2 Pro bono representation. Any law student who appears before the Board must provide representation on a pro bono basis.
3 Competency. Law student representatives must meet a standard of competency. For the purpose of appearances before the Board, competency includes successful completion of:
i The first year of studies at an American Bar Association-accredited law school; and ii A copyright law course, formal copyright law training, or formal training in Board procedures.
b Client consent. The law student representative shall have the written consent of the client for the law student to appear on that clients behalf.
c Attorney supervision. A law student who represents a party in a proceeding before the Board shall be supervised by an attorney who is qualified under applicable law governing representation by law students, as specified in paragraph a of this section. In supervising the law student, the attorney shall adhere to the requirements of 37 CFR 232.5.
d Confirmation of eligibility. In accordance with the standards of professional conduct set forth in paragraph j of this section, the attorney supervising the work of the law student representative is responsible for confirming the law students eligibility to appear before the Board as set forth in paragraph a of this section.
e Identification of supervising attorney in documents. The name of the supervising attorney shall appear on all documents signed by the law student representative.
f Notice of appearance. In any proceeding in which a law student represents a party, a notice of appearance shall be filed pursuant to 37
CFR 232.5a identifying both the law student representative and the supervising attorney.
g Filing documents. All filings by a law student representative shall be made with the knowledge of the supervising attorney, who shall maintain an association with the law student representative in the electronic filing system. The supervising attorney shall maintain their own account, in addition to the law students account, in
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