• Joseph Perry, Esq.

US Copyright Office Issues Final Rules for Initiating Claims Before Copyright Claims Board

Recently, the US Copyright Office published a final rule for initiating proceedings before the Copyright Claims Board, a voluntary forum in which parties can resolve disputes of $30,000 or less. In my opinion, the Claims Board is where the vast majority of disputes from creators will end up, so it is worth it to pay attention to how you can file a claim.

The final rule establishes procedures for the initial stages of the proceedings, including but not limited to:

  • Filing a claim.

  • Opting out of a claim

  • Standardizing requirements for claims, responses, and counterclaims

  • Certifying the claim's accuracy

The final rule highlights a few items, such as:

  • A two-tiered fee system ($100 filing fee ($40 to file an action, with the remaining $60 due only if the proceeding goes before the Board)).

  • Opting out of proceedings will result in dismissing the claim without prejudice. Once you opt out, you can’t change your mind. However, you can refile a claim against someone if they opted out and both parties consent to a refiling.

The final rule will soon be published in the Federal Register.

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