[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Proposed Rules]
[Pages 84279-84281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27941]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 303

[Docket No. 20-CRB-0013-RM]


Procedural Regulations of the Copyright Royalty Board Regarding 
Electronic Filing System (eCRB)

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Proposed rule.

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SUMMARY: The Copyright Royalty Judges propose to amend regulations 
governing the electronic filing of documents through the Copyright 
Royalty Board's electronic filing system (eCRB) to permit attorney 
designees with approved eCRB user accounts to file on behalf of 
attorneys. The Judges solicit comments on the proposed amendments.

DATES: Comments are due no later than January 27, 2021.

ADDRESSES: You may send comments, identified by docket number 20-CRB-
0013-RM, online through eCRB at https://app.crb.gov.
    Instructions: All submissions received must include the Copyright 
Royalty Board name and the docket number for this proposed rule. All 
comments received will be posted without change to eCRB at https://app.crb.gov, including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to eCRB at https://app.crb.gov and perform a case 
search for docket 20-CRB-0013-RM.

FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, 
at 202-707-7658 or [email protected].

SUPPLEMENTARY INFORMATION: In 2017, the Copyright Royalty Board (CRB) 
codified the process for filing documents through its electronic filing 
system (eCRB) in a set of rules,

[[Page 84280]]

including what is currently Rule 303.5 (37 CFR 303.5).\1\ Rule 303.5(c) 
lists three categories of people who may obtain eCRB passwords that 
will authorize them to electronically file documents: (1) Attorneys, 
(2) pro se parties, and (3) claimants. 37 CFR 303.5(c). The Copyright 
Royalty Judges (Judges) recognized a fourth category of people who 
might file documents using an attorney's password, namely, an 
authorized employee or agent of an attorney's law office or 
organization that would file on the attorney's behalf. See 37 CFR 
303.5(d). The Judges refer to this fourth category of filers as an 
``attorney designee.''
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    \1\ The rules establishing eCRB were adopted in 2017. Certain of 
those rules have subsequently been amended and renumbered. See 82 FR 
18563 (Apr. 20, 2017) and 84 FR 32296 (July 8, 2019).
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    Although the Judges understand and expect that attorneys may not 
typically personally file the electronic documents that they submit to 
the CRB, the Judges believe that it is necessary to expressly authorize 
such practice and to set forth the obligations of attorneys and their 
designees for the documents that the designees file. eCRB will soon 
implement multifactor authentication at login which will make the 
current practice of a designee using an attorney's password 
impractical. The Judges thus propose adding to Rule 303.5(c) a fourth 
category of filer that would be required to obtain an eCRB password: 
Attorney designee. An attorney designee would be defined as ``a person 
authorized to file documents on behalf of an attorney.''
    Under the proposal, an attorney designee would be required to 
register for an eCRB user account and create a password in order to 
file documents on an attorney's behalf. The attorney designee's user 
account would be activated upon approval by the CRB of the attorney 
designee's completed online registration form. The designating attorney 
would then authorize the attorney designee using a new function in 
eCRB. The designating attorney would be responsible for all documents 
filed on his or her behalf using the attorney designee's password, 
which would serve as the designating attorney's signature.
    The Judges also propose a number of non-substantive changes to Rule 
303.5 to account for the addition of the attorney designee and 
generally to enhance clarity.\2\
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    \2\ The proposal to revise the entire section is for ease of 
reading, but substantive changes are proposed only to the text of 
paragraphs (c), (d), and (e).
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    The Judges seek comments on all aspects of the proposal, including 
whether or not the proposed new category of filer--attorney designee--
is necessary to clarify the obligations and responsibilities of those 
authorized to file documents electronically on behalf of attorneys.

List of Subjects in 37 CFR Part 303

    Administrative practice and procedure, Copyright, Lawyers.

Proposed Regulations

    For the reasons set forth in the preamble, the Copyright Royalty 
Judges propose to amend part 303 of title 37 of the Code of Federal 
Regulations as follows:

SUBCHAPTER A--GENERAL PROVISIONS

PART 303--GENERAL ADMINISTRATIVE PROVISIONS

Subchapter A--

0
1. The authority citation for part 303 continues to read as follows:

    Authority: 17 U.S.C. 803.


Sec.  303.5  [Amended]

0
2. Amend Sec.  303.5 by revising it to read as follows:


Sec.  303.5  Electronic filing system (eCRB).

    (a) Documents to be filed by electronic means. Except as otherwise 
provided in this chapter, all attorneys must file documents with the 
Copyright Royalty Board through eCRB. Pro se parties may file documents 
with the Copyright Royalty Board through eCRB, subject to Sec.  
303.4(c)(2).
    (b) Official record. The electronic version of a document filed 
through and stored in eCRB will be the official record of the Copyright 
Royalty Board.
    (c) Obtaining an electronic filing password--(1) Attorneys. An 
attorney must register for an eCRB account and create an eCRB password 
in order to file documents or to receive copies of orders and 
determinations of the Copyright Royalty Judges. The attorney's eCRB 
account and password will be activated upon approval by the Copyright 
Royalty Board of the attorney's completed online application form 
available on the eCRB website.
    (2) Attorney designees. A person authorized by an attorney to file 
documents on behalf of that attorney (an attorney designee) must 
register for an eCRB account and create an eCRB password in order to 
file documents on the attorney's behalf. The attorney designee's eCRB 
account and password will be activated upon approval by the Copyright 
Royalty Board of the attorney designee's completed online registration 
form available on the eCRB website.
    (3) Pro se parties. A party not represented by an attorney (a pro 
se party) may register for an eCRB account and create an eCRB password. 
The pro se party's eCRB account and password will be activated if the 
Copyright Royalty Judges, in their discretion, approve the pro se 
party's completed online application form available on the eCRB 
website. Once a pro se party's application has been approved, that 
party must make all subsequent filings by electronic means through 
eCRB.
    (4) Claimants. Any person desiring to file a claim with the 
Copyright Royalty Board for copyright royalties must register for an 
eCRB account and create an eCRB password for the limited purpose of 
filing claims by completing the registration form available on the eCRB 
website.
    (d) Use of an eCRB password. An eCRB password may be used only by 
the person to whom it is assigned. The person to whom an eCRB password 
is assigned is responsible for any document filed using that password, 
except that designating attorneys are responsible for any document 
filed on the attorney's behalf by an attorney designee.
    (e) Signature. The use of an eCRB password to log in and submit 
documents creates an electronic record. The password operates and 
serves as the signature of the person to whom the password is assigned 
for all purposes under this chapter III, except that the password of an 
attorney designee serves as the signature of the designating attorney 
on whose behalf the document is filed.
    (f) Originals of sworn documents. The electronic filing of a 
document that contains a sworn declaration, verification, certificate, 
statement, oath, or affidavit certifies that the original signed 
document is in the possession of the attorney or pro se party 
responsible for the filing and that it is available for review upon 
request by a party or by the Copyright Royalty Judges. The filer must 
file through eCRB a scanned copy of the signature page of the sworn 
document together with the document itself.
    (g) Consent to delivery by electronic means. An attorney or pro se 
party who obtains an eCRB password consents to electronic delivery of 
all documents, subsequent to the petition to participate, that are 
filed by electronic means through eCRB. Attorneys and pro se parties 
are responsible for monitoring their email accounts and, upon receipt 
of notice of an electronic filing, for retrieving the noticed filing. 
Parties and their counsel bear the responsibility to keep the contact 
information in their eCRB profiles current.

[[Page 84281]]

    (h) Accuracy of docket entry. A person filing a document by 
electronic means, or, if the filer is an attorney designee, the 
designating attorney, is responsible for ensuring the accuracy of the 
official docket entry generated by the eCRB system, including proper 
identification of the proceeding, the filing party, and the description 
of the document. The Copyright Royalty Board will maintain on its 
website (www.loc.gov/crb) appropriate guidance regarding naming 
protocols for eCRB filers.
    (i) Documents subject to a protective order. A person filing a 
document by electronic means must ensure, at the time of filing, that 
any documents subject to a protective order are identified to the eCRB 
system as ``restricted'' documents. This requirement is in addition to 
any requirements detailed in the applicable protective order. Failure 
to identify documents as ``restricted'' to the eCRB system may result 
in inadvertent publication of sensitive, protected material.
    (j) Exceptions to requirement of electronic filing--(1) Certain 
exhibits or attachments. Parties may file in paper form any exhibits or 
attachments that are not in a format that readily permits electronic 
filing, such as oversized documents; or are illegible when scanned into 
electronic format. Parties filing paper documents or things pursuant to 
this paragraph must deliver legible or usable copies of the documents 
or things in accordance with Sec.  303.6(a)(2) and must file 
electronically a notice of filing that includes a certificate of 
delivery.
    (2) Pro se parties. A pro se party may file documents in paper form 
and must deliver and accept delivery of documents in paper form, unless 
the pro se party has obtained an eCRB password.
    (k) Privacy requirements. (1) Unless otherwise instructed by the 
Copyright Royalty Judges, parties must exclude or redact from all 
electronically filed documents, whether designated ``restricted'' or 
not:
    (i) Social Security numbers. If an individual's Social Security 
number must be included in a filed document for evidentiary reasons, 
the filer must use only the last four digits of that number.
    (ii) Names of minor children. If a minor child must be mentioned in 
a document for evidentiary reasons, the filer must use only the 
initials of that child.
    (iii) Dates of birth. If an individual's date of birth must be 
included in a pleading for evidentiary reasons, the filer must use only 
the year of birth.
    (iv) Financial account numbers. If a financial account number must 
be included in a pleading for evidentiary reasons, the filer must use 
only the last four digits of the account identifier.
    (2) Protection of personally identifiable information. If any 
information identified in paragraph (k)(1) of this section must be 
included in a filed document, the filing party must treat it as 
confidential information subject to the applicable protective order. In 
addition, parties may treat as confidential, and subject to the 
applicable protective order, other personal information that is not 
material to the proceeding.
    (l) Incorrectly filed documents. (1) The Copyright Royalty Board 
may direct an eCRB filer to re-file a document that has been 
incorrectly filed, or to correct an erroneous or inaccurate docket 
entry.
    (2) If an attorney or a pro se party who has been issued an eCRB 
password inadvertently presents a document for filing in paper form, 
the Copyright Royalty Board may direct that person to file the document 
electronically. The document will be deemed filed on the date it was 
first presented for filing if, no later than the next business day 
after being so directed by the Copyright Royalty Board, the attorney or 
pro se participant files the document electronically. If the filer 
fails to make the electronic filing on the next business day, the 
document will be deemed filed on the date of the electronic filing.
    (m) Technical difficulties. (1) A filer encountering technical 
problems with an eCRB filing must immediately notify the Copyright 
Royalty Board of the problem either by email, or by telephone, followed 
promptly by written confirmation.
    (2) If a filer is unable, due to technical problems, to make a 
filing with eCRB by an applicable deadline, and makes the notification 
required by paragraph (m)(1) of this section, the filer shall use 
electronic mail to make the filing with the Copyright Royalty Board and 
deliver the filing to the other parties to the proceeding. The filing 
shall be considered to have been made at the time it was filed by 
electronic mail. The Copyright Royalty Judges may direct the filer to 
refile the document through eCRB when the technical problem has been 
resolved, but the document shall retain its original filing date.
    (3) The inability to complete an electronic filing because of 
technical problems arising in the eCRB system may constitute ``good 
cause'' (as used in Sec.  303.6(b)(4)) for an order enlarging time or 
excusable neglect for the failure to act within the specified time, 
provided the filer complies with paragraph (m)(1) of this section. This 
section does not provide authority to extend statutory time limits.

    Dated: December 15, 2020.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2020-27941 Filed 12-23-20; 8:45 am]
BILLING CODE 1410-72-P