[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Rules and Regulations]
[Pages 36060-36061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12899]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 220, 222, 225, 226, 228, 230, 231, 232, and 233

[Docket No. 2021-8]


Copyright Claims Board: Active Proceedings and Evidence; 
Correction

AGENCY: U.S. Copyright Office, Library of Congress.

ACTION: Final rule; correction.

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SUMMARY: The U.S. Copyright Office is correcting a final rule that 
appeared in the Federal Register on May 17, 2022. The document 
established procedures governing active proceedings before the 
Copyright Claims Board and post-determination procedures under the 
Copyright Alternative in Small-Claims Enforcement Act of 2020. The 
correction fixes an inadvertent instruction, typographical errors, and 
inconsistent phrasing.

DATES: Effective June 16, 2022.

FOR FURTHER INFORMATION CONTACT: Megan Efthimiadis, Assistant to the 
General Counsel, by email at [email protected], or by telephone at 
202-707-8350.

SUPPLEMENTARY INFORMATION: In FR Doc. 2022-10466 appearing on at 87 FR 
30060 in the issue of Tuesday, May 17, 2022, the following corrections 
are made:


Sec.  220.5  [Corrected]

0
1. On page 30075, in the third column, in Sec.  220.5, in paragraph 
(a)(1) introductory text, ``Requests and responses to requests which 
are identified under this subsection shall be filed through the 
fillable form on eCCB and be limited to 4,000 characters. Any party may 
submit a response to a request identified in this subsection within 
seven days of the filing of the request.'' is corrected to read 
``Requests and responses to requests which are identified under this 
paragraph (a)(1) shall be filed through the fillable form on eCCB and 
be limited to 4,000 characters. Any party may submit a response to a 
request identified in this paragraph within seven days of the filing of 
the request.''
0
2. On page 30076, in the second column, in Sec.  220.5, in paragraph 
(a)(2) introductory text, ``Requests and responses to requests which 
are identified under this subsection shall be filed through the 
fillable form on eCCB and be limited to 10,000 characters, not 
including any permitted attachments.'' is corrected to read ``Requests 
and responses to requests which are identified under this paragraph 
(a)(2) shall be filed through the fillable form on eCCB and be limited 
to 10,000 characters, not including any permitted attachments.''
0
3. On page 30076, in the second column, in Sec.  220.5, paragraph 
(a)(2)(v), ``Such requests must enter each specific additional 
discovery request (e.g., the specific interrogatories, document 
requests or requests for admission sought) within the fillable form;'' 
is corrected to read ``Such requests must enter each specific 
additional discovery request (e.g., the specific interrogatories, 
document requests, or requests for admission sought) within the 
fillable form;''.


Sec.  222.8  [Corrected]

0
4. On page 30077, in the second column, in Sec.  228.8, in paragraph 
(f), ``A failure to file a response within the required timeframe may 
constitute a default 17 U.S.C. 1506(u), and the Board may begin 
proceedings in accordance with part 227 of this subchapter.'' is 
corrected to read ``A failure to file a response within the required 
timeframe may constitute a default under 17 U.S.C. 1506(u), and the 
Board may begin proceedings in accordance with part 227 of this 
subchapter.''


Sec.  222.10  [Corrected]

0
5. On page 30077, in the second column, in part 222, following 
amendatory instruction 9, the section heading ``Sec.  222.8 Response to 
counterclaim'' is corrected to read ``Sec.  222.10 Response to 
counterclaim''.


Sec.  222.14  [Corrected]

0
6. On page 30078, in the third column, in Sec.  222.14, in paragraph 
(c), ``At any time, a third party seeking to intervene on the 
ground(s)s that it is a necessary party may file a request setting 
forth the reasons for the request and requesting a conference with the 
Board.'' is corrected to read ``At any time, a third party seeking to 
intervene on the ground(s) that it is a necessary party may file a 
request setting forth the reasons for the request and requesting a 
conference with the Board.''


Sec.  222.17  [Corrected]

0
7. On page 30080, in the first column, in Sec.  222.17, in paragraph 
(d), ``Dismissal of a claim or counterclaim under this section will not 
affect remaining claims or counterclaims in the proceeding.'' is 
corrected to read ``Dismissal of a claim or counterclaim under this 
section will not affect any remaining claims or counterclaims in the 
proceeding.''

[[Page 36061]]

Sec.  225.1  [Corrected]

0
8. On page 30082, in the first column, in Sec.  225.1, in paragraph 
(a)(2), ``Requests to the Board related to discovery may be raised to 
the Board during a conference or by written request, as set forth in 
this section.'' is corrected to read ``Requests to the Board related to 
discovery may be raised to the Board during a conference or by written 
request, as set forth in this part.''


Sec.  225.3  [Corrected]

0
9. On page 30084, in the first column, in Sec.  225.3, in paragraph 
(f)(2) introductory text, ``Documents responsive to the standard 
requests for the production of documents, or any additional requests 
permitted by the Board, including electronically stored information 
(ESI), including emails and computer files.'' is corrected to read 
``Documents responsive to the standard requests for the production of 
documents, or any additional requests permitted by the Board, shall 
include electronically stored information (ESI), including emails and 
computer files.''


Sec.  226.4  [Corrected]

0
10. On page 30087, in the first column, in Sec.  226.4, in paragraph 
(g), ``In its discretion or upon the request of any party, the 
presiding Officer may hold additional conferences, including to manage 
the conduct of the proceeding, address disputes between the parties, 
settlement and engage in further discussion of the claims, 
counterclaims, or defenses and supporting evidence.'' is corrected to 
read ``In its discretion or upon the request of any party, the 
presiding Officer may hold additional conferences, including to manage 
the conduct of the proceeding, address disputes between the parties, 
and engage in further discussion of the claims, counterclaims, or 
defenses and supporting evidence.''


Sec.  228.2  [Corrected]

0
11. On page 30089, in the second column, in Sec.  228.2, in paragraph 
(d), ``The claimant or counterclaimant may only challenge such 
determination to the extent permitted under 17 U.S.C. 1508[euro] or the 
procedures set forth in paragraph (e) of this section.'' is corrected 
to read ``The claimant or counterclaimant may only challenge such 
determination to the extent permitted under 17 U.S.C. 1508(c) or the 
procedures set forth in paragraph (e) of this section.''


Sec.  230.5  [Corrected]

0
12. On page 30090, in the first column, in Sec.  230.5, ``The Board 
will base its decision on the party's written submissions.'' is 
corrected to read ``The Board will base its decision on the parties' 
written submissions.''


Sec.  231.6  [Corrected]

0
13. On page 30090, in the second and third column, in Sec.  231.6, 
``The Register will base such a decision on the party's written 
submissions.'' is corrected to read ``The Register will base such a 
decision on the parties' written submissions.''

Part 232 [Corrected]

0
14. On page 30090, in the third column, amendatory instruction 20 and 
the part 232 table of contents are removed and amendatory instructions 
20a and 20b are added in their place to read as follows:

PART 232--PARTY CONDUCT

0
20a. The authority citation for part 232 continues to read as follows:

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

0
20b. Sections 232.1 through 232.5 are added to read as follows:
Sec.
212.1 General.
232.2 Representations to the Board.
232.3 Bad-faith conduct.
232.4 Bar on initiating and participating in claims.
232.5 Legal counsel and authorized representative conduct.
* * * * *


Sec.  232.3  [Corrected]

0
15. On page 30091, in the first column, in Sec.  232.3, in paragraph 
(b)(2), ``A party that in good faith believes that a participant has 
engaged in bad-faith conduct, may file a request for a conference with 
the Board, describing the alleged bad-faith conduct and attaching any 
relevant exhibits.'' is corrected to read ``A party that in good faith 
believes that a participant has engaged in bad-faith conduct may file a 
request for a conference with the Board describing the alleged bad-
faith conduct and attaching any relevant exhibits.''


Sec.  232.4  [Corrected]

0
16. On page 30091, in the second column, in Sec.  232.4, in paragraph 
(b)(2), ``A party that in good faith believes that a participant has 
engaged in bad-faith conduct before the Board on more than one occasion 
within a 12-month period, may file a request for a conference with the 
Board at any point after a proceeding has been initiated.'' is 
corrected to read ``A party that in good faith believes that a 
participant has engaged in bad-faith conduct before the Board on more 
than one occasion within a 12-month period may file a request for a 
conference with the Board at any point after a proceeding has been 
initiated.''
0
17. On page 30091, in the second column, in Sec.  232.4, in paragraph 
(c), ``An award of attorneys' fees or costs against an accused party, 
pursuant to Sec.  232.3, within the prior 12 months shall establish an 
instance of bad-faith conduct within the requisite time period.'' is 
corrected to read ``An award of attorneys' fees or costs against an 
accused participant, pursuant to Sec.  232.3, within the prior 12 
months shall establish an instance of bad-faith conduct within the 
requisite time period.''


Sec.  233.2  [Corrected]

0
18. On page 30092, in the second column, in Sec.  233.2, in paragraph 
(a) introductory text, ``The number of Copyright Claims Board 
proceedings that may be filed by a claimant and the number of 
proceedings a solo practitioner or law firm may file on behalf of 
claimants in any 12-month period shall be limited in accordance with 
this section.'' is corrected to read ``The number of Copyright Claims 
Board proceedings that may be filed by a claimant and the number of 
proceedings that may be filed by legal counsel or law firms on behalf 
of claimants in any 12-month period shall be limited in accordance with 
this section.''
0
19. On page 30092, in the second column, in Sec.  233.2, in paragraph 
(a)(2), ``A sole practitioner shall file no more than 40 CCB 
proceedings on behalf of claimants in any 12-month period.'' is 
corrected to read ``A sole practitioner or a legal counsel associated 
with a law firm shall file no more than 40 CCB proceedings on behalf of 
claimants in any 12-month period.''

    Dated: June 7, 2022.
Shira Perlmutter,
Register of Copyrights and Director of the U.S. Copyright Office.

    Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2022-12899 Filed 6-14-22; 8:45 am]
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