Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 Rulemakings

CASE Act Related Rulemakings

Title Docket Number Topic Action(s)
CASE Act and the Copyright Claims Board (CCB) Implementation Regulations 2021-1 General notification soliciting public comments on subjects relevant to promulgating implementation regulations for the CASE Act and Copyright Claims Board. These comments were used to initiate parallel rulemaking proceedings covering more specific topics. March 26, 2021 - Notification of Inquiry
Small Claims Expedited Registration Procedures and FOIA Conforming Amendment 2021-2 This rule creates procedures for a new expedited registration option for unregistered works that are at issue before an active Copyright Claims Board proceeding. This rule also implements a conforming amendment to the Office’s Freedom of Information Act (FOIA) regulations to address the applicability of FOIA to the Copyright Claims Board. April 22, 2022 - Final Rule; Clarification

August 18, 2021 - Final Rule

April 26, 2021 - Notice of Proposed Rulemaking
Technical Amendments Regarding the Copyright Office’s Organizational Structure 2021-3 Among making other changes that are unrelated to the CASE Act, this rule added a new section to reflect the agency structure with respect to the Copyright Claims Board. June 22, 2021 - Final Rule
Small Claims Procedures for Library and Archives Opt-Outs and Class Actions 2021-4 This notice of proposed rulemaking proposes procedures for libraries and archives to preemptively opt out of proceedings before the Copyright Claims Board. It also proposes procedures related to federal court class action proceedings for a party who is before the Board. March 9, 2022 - Final Rule

September 2, 2021 - Notice of Proposed Rulemaking
Copyright Claims Board: Initiation of Proceedings and Related Procedures 2021-6 This notice of proposed rulemaking proposes procedures for initiating proceedings, service, opting out, and filing a response and any counterclaims before the Copyright Claims Board. It also proposes requirements regarding the Board’s designated service agent directory. April 22, 2022 - Final Rule; Correction

March 25, 2022 - Final Rule

March 8, 2022 - Partial Final Rule

September 29, 2021 - Notice of Proposed Rulemaking
Copyright Claims Board: Active Proceedings and Evidence 2021-8 This final rule adopts a variety of procedures related to conducting an active proceeding, including procedural practice and party management, written testimony, hearings, discovery, and conduct of parties. It also adopts requirements regarding post-determination procedures for rehearing and the Register's review.

The January 16, 2024, final rule amends the procedures for “smaller claims” proceedings.
January 16, 2024 - Smaller Claims Procedures Final Rule

June 15, 2022 - Correction

May 17, 2022 - Final Rule

December 8, 2021 - Notice of Proposed Rulemaking
Law Student and Business Entity Representation 2021-9 This notice of proposed rulemaking proposes procedures governing representation of parties by law students and representation of business entities by authorized individuals in proceedings before the Copyright Claims Board. April 8, 2022 - Final Rule

December 30, 2021 - Notice of Proposed Rulemaking
Copyright Claims Board: District Court Referrals; Proof of Service Forms; Default Proceedings; Law Student Representation 2022-6 This interim rule creates procedures for district court referrals and clarifies rules governing proof of service forms, default proceedings, and the appearance of law student representatives. December 19, 2022 - Interim Rule; Request for Comments
Copyright Claims Board: Agreement-Based Counterclaims 2023-4 This proposed rule contains requirements for asserting or responding to “agreement-based” counterclaims as well as standard interrogatories and standard requests for the production of documents for these claims. May 3, 2023 - Notice of Proposed Rulemaking; Request for Comments