,i #aaeth ,,congress #ast ,session ,h4 ,r4 #cide ,,in ,,the ,,house ,,of ,,representatives ,october #d1 #bjag,mr4 ,jeffries 7for himself1 ,mr4 ,marino1 ,mr4 ,collins of ,georgia1 ,mr4 ,smith of ,texas1 ,ms4 ,judy ,chu of ,california1 and ,mr4 ,ted ,lieu of ,california7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ag1 ,united ,states ,code1 to establish an alternative dispute resolution program for copyright small claims1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,copyright ,alternative in ,small-,claims ,enforcement ,act of #bjag or the ,,case ,act of #bjag4 #b4 ,copyright small claims 7a7 ,in general ,title #ag1 ,united ,states ,code1 is amended by adding at the end the following new chapter3 #ad ,copyright small claims ,sec4#adja4 ,copyright ,claims ,board4#adjb4 ,authority and responsibilities of the ,copyright ,claims ,board4#adjc4 ,nature of proceedings4#adjd4 ,registration requirement4#adje4 ,conduct of proceedings4#adjf4 ,effect of proceeding4#adjg4 ,review and confirmation by district court4#adjh4 ,relationship to other district court actions4#adji4 ,implementation by ,copyright ,office4#adaj4 ,funding4#adaa4 ,definitions4 #adja4 ,copyright ,claims ,board 7a7 ,in general ,there is hereby established in the ,u4,s4 ,copyright ,office a copyright small claims program 7hereinafter referred to as the ,copyright ,claims ,board71 which shall serve as an alternative forum in which parties may voluntarily seek to resolve certain copyright claims1 regarding any category of copyrighted work1 as further provided in this chapter4 7b7 ,officers and staff 7#a7 ,copyright claims officers ,upon recommendation of the ,register of ,copyrights1 who shall identify qualified candidates1 the ,librarian of ,congress shall appoint #c full-time ,copyright ,claims ,officers to serve on the ,copyright ,claims ,board4 7#b7 ,copyright claims attorneys ,the ,register of ,copyrights shall hire no fewer than #b full-time ,copyright ,claims ,attorneys to assist in the administration of the ,copyright ,claims ,board4 7#c7 ,qualifications 7,a7 ,copyright claims officers ,each ,copyright ,claims ,officer shall be an attorney with no less than #g years of legal experience4 ,two of the ,copyright ,claims ,officers shall have substantial experience in the evaluation1 litigation1 or adjudication of copyright infringement claims and1 between them1 shall have represented or presided over a diversity of copyright interests1 including those of both owners and users of copyrighted works4 ,the third ,copyright ,claims ,officer shall have substantial familiarity with copyright law and experience in the field of alternative dispute resolution1 including the resolution of litigation matters through such means4 7,b7 ,copyright claims attorneys ,each ,copyright ,claims ,attorney shall be an attorney with no less than #c years of substantial experience in copyright law4 7#d7 ,compensation ,each ,copyright ,claims ,officer shall be compensated at not less than the minimum and not more than the maximum rate of pay for ,,sl employees 7or the equivalent7 of the ,federal ,government1 including locality pay1 as applicable4 ,each ,copyright ,claims ,attorney shall be compensated at not more than the maximum permissible pay for level #aj of ,,gs-#ae of the ,general ,schedule 7or the equivalent71 including locality pay1 as applicable4 7#e7 ,term ,copyright ,claims ,officers shall serve for #f-year terms that are renewable by the ,librarian of ,congress upon recommendation of the ,register of ,copyrights3 ,provided1 however1 ,that the terms for the initial ,copyright ,claims ,officers appointed hereunder shall be as follows3 one ,copyright ,claims ,officer shall be appointed for #d years1 the second shall be appointed for #e years1 and the third shall be appointed for #f years4 7#f7 ,vacancies and incapacity 7,a7 ,vacancy ,if a vacancy shall occur in the position of ,copyright ,claims ,officer1 the ,librarian of ,congress shall1 upon recommendation of the ,register of ,copyrights1 who shall identify qualified candidates1 act expeditiously to appoint a ,copyright ,claims ,officer for that position4 ,an individual appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed to serve for a #f-year term4 7,b7 ,incapacity ,if a ,copyright ,claims ,officer is temporarily unable to perform his or her duties1 the ,librarian of ,congress shall1 upon recommendation of the ,register of ,copyrights1 who shall identify qualified candidates1 act expeditiously to appoint an interim ,copyright ,claims ,officer to perform such duties during the period of such incapacity4 7#g7 ,supervision and removal ,subject to section #adjb7;b71 the ,copyright ,claims ,officers shall be supervised and removable by the ,librarian of ,congress4 7#h7 ,administrative support ,the ,register of ,copyrights shall provide the ,copyright ,claims ,officers and ,copyright ,claims ,attorneys with necessary administrative support1 including technological facilities1 to carry out their duties under this chapter4 7#i7 ,location of copyright claims board ,the offices and facilities of the ,copyright ,claims ,officers and ,copyright ,claims ,attorneys shall be located at the ,copyright ,office4 #adjb4 ,authority and responsibilities of the ,copyright ,claims ,board 7a7 ,functions 7#a7 ,copyright claims officers ,subject to the provisions of this chapter and applicable regulations1 the functions of the ,copyright ,claims ,officers shall be as follows3 7,a7 ,to render determinations on such civil copyright claims1 counterclaims1 and defenses as are permitted to be brought before them under this chapter4 7,b7 ,to ensure that claims1 counterclaims1 and defenses are properly asserted and otherwise appropriate for resolution by the ,copyright ,claims ,board4 7,c7 ,to manage the proceedings before them and render rulings pertaining to the consideration of claims1 counterclaims1 and defenses1 including scheduling1 discovery1 evidentiary1 and other matters4 7,d7 ,to request the production of information and documents relevant to the resolution of a claim1 counterclaim1 or defense from participants in a proceeding and from nonparticipants4 7,e7 ,to conduct hearings and conferences4 7,f7 ,to facilitate parties' settlement of claims and counterclaims4 7,g7 ,to award monetary relief and also to include in its determinations a requirement of cessation or mitigation of infringing activity1 including takedown or destruction of infringing materials1 where the party to undertake such measures has so agreed4 7,h7 ,to provide information to the public concerning the procedures and requirements of the ,copyright ,claims ,board4 7,i7 ,to maintain records of the proceedings before them1 certify official records of such proceedings as needed1 and make the records in such proceedings available to the public in accordance with law4 7,j7 ,to carry out such other duties as are prescribed in this chapter4 7,k7 ,when not engaged in performing their duties as prescribed in this chapter1 to perform such other duties as may be assigned by the ,register of ,copyrights4 7#b7 ,copyright claims attorneys ,subject to the provisions of this chapter and applicable regulations1 the functions of the ,copyright ,claims ,attorneys shall be as follows3 7,a7 ,to provide assistance to the ,copyright ,claims ,officers in the administration of their duties under this chapter4 7,b7 ,to provide assistance to members of the public with respect to the procedures and requirements of the ,copyright ,claims ,board4 7,c7 ,when not engaged in performing their duties as prescribed in this chapter1 to perform such other duties as may be assigned by the ,register of ,copyrights4 7b7 ,independence in determinations ,the ,copyright ,claims ,officers shall render their determinations in individual proceedings independently on the basis of the records in the proceedings before them and in accordance with the provisions of this title1 judicial precedent1 and applicable regulations of the ,register of ,copyrights4 ,the ,copyright ,claims ,officers and ,copyright ,claims ,attorneys may consult with the ,register of ,copyrights on general issues of law1 but1 subject to section #adje7w71 not with respect to the facts of any particular matter pending before them or the application of law thereto4 ,notwithstanding any other provision of law or any regulation or policy of the ,library of ,congress or ,register of ,copyrights1 no performance appraisal of a ,copyright ,claims ,officer or ,copyright ,claims ,attorney shall consider the substantive result of any individual determination reached by the ,copyright ,claims ,board as a basis for appraisal except insofar as it may relate to any actual or alleged violation of an ethical standard of conduct4 7c7 ,direction by register ,subject to subsection 7b71 the ,copyright ,claims ,officers and ,copyright ,claims ,attorneys shall be generally directed in the administration of their duties by the ,register of ,copyrights4 7d7 ,inconsistent duties barred ,no ,copyright ,claims ,officer or ,copyright ,claims ,attorney may undertake duties that conflict with his or her duties or responsibilities in connection with the ,copyright ,claims ,board4 7e7 ,recusal ,a ,copyright ,claims ,officer or ,copyright ,claims ,attorney shall recuse himself or herself from participation in any proceeding with respect to which the ,copyright ,claims ,officer or ,copyright ,claims ,attorney has reason to believe that he or she has a conflict of interest4 7f7 ,ex parte communications ,except as may otherwise be permitted by applicable law1 any party to a proceeding before the ,copyright ,claims ,board shall refrain from ex parte communications with the ,copyright ,claims ,officers concerning the substance of any proceeding before the ,copyright ,claims ,board4 7g7 ,judicial review ,actions of the ,copyright ,claims ,officers and ,register of ,copyrights under this chapter in connection with the rendering of individual determinations are subject to judicial review as provided under section #adjg7;c71 and not under chapter #g of title #e1 ,united ,states ,code4 #adjc4 ,nature of proceedings 7a7 ,voluntary participation ,participation in a ,copyright ,claims ,board proceeding shall be on a voluntary basis in accordance with this chapter1 and the right of any party to instead pursue a claim1 counterclaim or defense in a ,united ,states district court or any other court1 and to seek a jury trial1 shall be preserved4 7b7 ,statute of limitations 7#a7 ,in general ,no proceeding shall be maintained before the ,copyright ,claims ,board unless it is commenced in accordance with section #adje7;e7 before the ,copyright ,claims ,board within three years after the claim that is the basis for the proceeding accrued4 7#b7 ,tolling ,subject to section #adjf7;a71 a proceeding commenced before the ,copyright ,claims ,board shall toll the time permitted under section #ejg7;b7 of this title for commencement of an action on the same claim in a ,united ,states district court during the time it remains pending4 7c7 ,permissible claims1 counterclaims and defenses ,the ,copyright ,claims ,officers may render determinations with respect to the following claims1 counterclaims and defenses1 subject to such further limitations and requirements1 including with respect to particular classes of works1 as may be set forth in regulations established by the ,register of ,copyrights3 7#a7 ,a claim for infringement of an exclusive right of copyright provided under section #ajf of this title1 asserted by the legal or beneficial owner of such exclusive right at the time of infringement pursuant to which the claimant seeks damages1 if any1 within the limitations set forth in subsection 7e77#a74 7#b7 ,a claim for a declaration of noninfringement of an exclusive right of copyright provided under section #ajf of this title1 where an actual controversy exists as evidenced by a written communication indicating that legal action against the claimant is imminent due to specifically alleged infringing conduct4 7#c7 ,notwithstanding any other provision of law1 a claim pursuant to section #eab7;f7 of this title for misrepresentation in connection with a notification of claimed infringement or a counter notification seeking to replace removed or disabled material3 ,provided1 however1 ,that any remedies in such a proceeding before the ,copyright ,claims ,board shall be limited to those available under this chapter4 7#d7 ,a counterclaim asserted solely against the claimant or claimants in a proceeding pursuant to which the counterclaimant or counterclaimants seek damages1 if any1 within the limitations set forth in subsection 7e77#a71 and that-- 7,a7 arises under section #ajf or section #eab7;f7 of this title1 and out of the same transaction or occurrence that is the subject of a claim of infringement brought under paragraph 7#a71 a claim of noninfringement brought under paragraph 7#b71 or a claim of misrepresentation brought under paragraph 7#c72 or 7,b7 arises under an agreement pertaining to the same transaction or occurrence that is the subject of a claim of infringement brought under paragraph 7#a7 and could affect the relief awarded to the claimant4 7#e7 ,a legal or equitable defense1 pursuant to this title or otherwise available under law1 in response to a claim or counterclaim asserted under this subsection4 7#f7 ,a single claim or multiple claims permitted under paragraph 7#a71 7#b71 or 7#c7 by one or more claimants against one or more respondents3 ,provided1 however1 ,that all claims asserted in any one proceeding arise out of the same allegedly infringing activity or continuous course of infringing activities and do not in the aggregate result in a claim for damages in excess of the limitation provided in subsection 7e77#a77;,d74 7d7 ,excluded claims ,the following claims and counterclaims are not subject to determination by the ,copyright ,claims ,board3 7#a7 ,a claim or counterclaim that is not a permissible claim or counterclaim under subsection 7c74 7#b7 ,a claim or counterclaim that has been finally adjudicated by a court of competent jurisdiction or that is already pending before a court of competent jurisdiction1 unless such court has issued a stay to permit such claim or counterclaim to proceed before the ,copyright ,claims ,board4 7#c7 ,a claim or counterclaim by or against a ,federal or ,state government entity4 7#d7 ,a claim or counterclaim asserted against a person or entity residing outside of the ,united ,states4 7#e7 ,a claim or counterclaim dismissed by the ,copyright ,claims ,board pursuant to section #adje7;f77#c74 7e7 ,permissible remedies 7#a7 ,monetary recovery 7,a7 ,actual damages1 profits1 and limited statutory damages ,subject to the limitation on total monetary recovery set forth in subparagraph 7,d71 with respect to a claim or counterclaim for infringement of copyright1 the ,copyright ,claims ,board may award-- 7i7 actual damages and profits determined in accordance with section #ejd7;b7 of this title1 which determination shall include in appropriate cases consideration of whether the infringing party has agreed to cease or mitigate the infringing activity as provided in paragraph 7#b72 or 7ii7 limited statutory damages1 which shall be determined in accordance with section #ejd7;c7 of this title1 subject to the following conditions3 7,i7 ,with respect to works timely registered under section #dab of this title1 such that they are eligible for an award of statutory damages under that section1 such limited statutory damages shall not exceed #ae1jjj per work infringed4 7,,ii7 ,with respect to works not timely registered under section #dab of this title1 but eligible for an award of statutory damages under this section1 limited statutory damages shall not exceed #g1ejj per work infringed1 or a total of #ae1jjj in any one proceeding4 7,,iii7 ,the ,copyright ,claims ,board shall not make any finding or consider whether the infringement was committed willfully in making an award of limited statutory damages4 7,,iv7 ,the ,copyright ,claims ,board may consider as an additional factor in awarding limited statutory damages whether the infringer has agreed to cease or mitigate the infringing activity as provided in paragraph 7#b74 7,b7 ,election of damages ,with respect to a claim or counterclaim of infringement1 the claimant or counterclaimant shall after the close of discovery and in accordance with the schedule established by the ,copyright ,claims ,board pursuant to section #adje7;j7 elect to pursue either actual damages and profits or limited statutory damages as provided in subparagraph 7,a74 7,c7 ,other damages ,damages for claims and counterclaims other than infringement claims shall be awarded in accordance with applicable law and shall be subject to the limitation set forth in subparagraph 7,d74 7,d7 ,limitation on total monetary recovery ,notwithstanding any other provision of law1 a party who pursues any one or more claims or counterclaims in any single proceeding before the ,copyright ,claims ,board may not seek or recover in such proceeding a total monetary recovery that exceeds the sum of #cj1jjj1 exclusive of any attorneys' fees and costs that may be awarded under section #adje7x77#b74 7#b7 ,agreement to cease infringing activity ,in any proceeding where a party agrees to cease activity that is found to be infringing1 including removal or disabling of access to1 or destruction of1 infringing materials1 and such agreement is reflected in the record1 the ,copyright ,claims ,board shall include in its determination a requirement that such party cease his or her infringing conduct4 7#c7 ,attorneys' fees and costs ,notwithstanding any other provision of law1 except in the case of bad faith conduct as provided in section #adje7x77#b71 the parties to proceedings before the ,copyright ,claims ,board shall bear their own attorneys' fees and costs4 7f7 ,joint and several liability ,parties to a proceeding before the ,copyright ,claims ,board may be found jointly and severally liable if all such parties and relevant claims or counterclaims arise from the same activity or activities4 #adjd4 ,registration requirement 7a7 ,application or certificate ,no claim or counterclaim alleging infringement of an exclusive right of copyright may be asserted before the ,copyright ,claims ,board unless the owner of the copyright has first delivered a completed application1 deposit and the required fee for registration to the ,copyright ,office and either a registration certificate has been issued or has not been refused4 7b7 ,certificate of registration ,notwithstanding any other provision of law1 a claimant or counterclaimant in a proceeding before the ,copyright ,claims ,board shall be eligible to recover actual damages and profits or limited statutory damages for infringement of a work under this chapter if the requirements of subsection 7a7 have been met3 ,provided1 however1 ,that-- 7#a7 the ,copyright ,claims ,board shall not render a determination in the proceeding until a registration certificate has been issued by the ,copyright ,office1 submitted to the ,copyright ,claims ,board and made available to the other parties to the proceeding1 and the other parties have been provided an opportunity to address it2 7#b7 if a proceeding cannot proceed further due to an outstanding registration certificate for the work1 it shall be held in abeyance pending submission of the certificate to the ,copyright ,claims ,board2 but if held in abeyance for more than one year1 the ,copyright ,claims ,board may1 upon providing written notice to the parties and #cj days to respond1 dismiss the proceeding without prejudice2 and 7#c7 if the ,copyright ,claims ,board receives notice that registration has been refused by the ,copyright ,office1 the proceeding shall be dismissed without prejudice4 7c7 ,presumption ,where a certificate shows that registration of a work was made before or within #e years of its first publication1 the presumption set forth in section #daj7;c7 of this title shall apply in a proceeding before the ,copyright ,claims ,board1 in addition to relevant principles of law under this title4 7d7 ,to ensure that actions before the ,board proceed in a timely manner1 the ,register of ,copyrights shall promulgate regulations providing the ,copyright ,office with the authority to issue a certificate of registration on an expedited basis4 ,such regulations shall treat applications for registration certificates pertaining to a proceeding before the ,board on an expedited basis and separately from all other applications for certificates of registration1 except those applications subject to special handling under #cg ,,cfr #bja4ae4 #adje4 ,conduct of proceedings 7a7 ,in general ,proceedings of the ,copyright ,claims ,board shall be conducted in accordance with this chapter and regulations as implemented by the ,register of ,copyrights1 in addition to relevant principles of law under this title4 ,to the extent it appears there may be conflicting judicial precedent on an issue of substantive copyright law that cannot be reconciled1 the ,copyright ,claims ,board shall follow the law of the ,federal jurisdiction where the action could have been brought if filed in ,federal district court1 or1 if it could have been brought in more than one jurisdiction1 the jurisdiction that the ,copyright ,claims ,board determines has the most significant ties to the parties and conduct at issue4 7b7 ,record ,the ,copyright ,claims ,board shall maintain records documenting the proceedings before it4 7c7 ,centralized process ,proceedings before the ,copyright ,claims ,board shall be conducted at the offices of the ,copyright ,claims ,board without the requirement of in-person appearances by parties or others1 and shall take place by means of written submissions and hearings and conferences accomplished via ,internet-based applications and other telecommunications facilities3 ,provided1 however1 ,that in cases where physical or other nontestimonial evidence material to a proceeding cannot be furnished to the ,copyright ,claims ,board through available telecommunications facilities1 the ,copyright ,claims ,board shall have the discretion to make alternative arrangements for the submission of such evidence that do not prejudice another party to the proceeding4 7d7 ,representation ,a party to a proceeding before the ,copyright ,claims ,board may1 but is not required to be represented by-- 7#a7 an attorney2 or 7#b7 a law student who is qualified under applicable law governing law students' representation of parties in legal proceedings and who provides such representation on a pro bono basis4 7e7 ,commencement of proceeding ,to commence a proceeding1 a claimant shall1 subject to such additional requirements as may be prescribed in regulations established by the ,register of ,copyrights1 file a claim with the ,copyright ,claims ,board1 that-- 7#a7 includes a statement of material facts in support of the claim2 7#b7 is certified in accordance with subsection 7x77#a72 and 7#c7 is accompanied by a filing fee in such amount as may be prescribed in regulations established by the ,register of ,copyrights1 which amount shall be at least #ajj1 shall not exceed the cost of filing an action in a ,united ,states district court1 and shall be established to further the goals of the ,copyright ,claims ,board4 7f7 ,review of claims and counterclaims 7#a7 ,claims ,upon filing1 a claim shall be reviewed by a ,copyright ,claims ,attorney to ensure that it complies with applicable regulations and this chapter1 including the following3 7,a7 ,if the claim is found to comply1 the claimant shall be so notified and instructed to proceed with service of the claim as provided in subsection 7g74 7,b7 ,if the claim is found not to comply1 the claimant shall be notified that the claim is deficient and permitted to file an amended claim within #cj days of the date of such notice without the requirement of an additional filing fee4 ,if the claimant files a compliant claim within that period1 he or she shall be so notified and instructed to proceed with service of the claim4 ,if the claim is refiled within the #cj-;day period but still fails to comply1 the claimant will again be notified that the claim is deficient and provided a second opportunity to amend it within #cj days without the requirement of an additional filing fee4 ,if the claim is refiled again within the second #cj-;day period and is compliant1 the claimant shall be so notified and instructed to proceed with service1 but if the claim still fails to comply1 upon confirmation of its noncompliance by a ,copyright ,claims ,officer1 the proceeding shall be dismissed without prejudice4 ,the ,copyright ,claims ,board shall also dismiss without prejudice any proceeding in which a compliant claim is not filed within the applicable #cj-;day time period4 7,c7 ,for purposes of this paragraph1 a claim against an online service provider for infringement by reason of storage of or referral or linking to infringing material that may be subject to the limitations on liability set forth in section #eab7;b71 section #eab7;c71 or section #eab7;d7 of this title1 shall be considered noncompliant unless the claimant affirms in the statement required under subsection 7e77#a7 of this section that he or she has previously notified the service provider of the claimed infringement in accordance with section #eab7;b77#b77;,e71 section #eab7;c77#c71 or section #eab7;d77#c7 of this title1 as applicable1 and the service provider failed to remove or disable access to the material expeditiously upon the provision of such notice3 ,provided1 however1 ,that if a claim is found to be noncompliant under this subparagraph1 the ,copyright ,claims ,board shall provide the claimant with information concerning the service of such a notice pursuant to the relevant provision of this title4 7#b7 ,counterclaims ,upon filing and service of a counterclaim1 the counterclaim shall be reviewed by a ,copyright ,claims ,attorney to ensure that it complies with the provisions of this chapter and applicable regulations4 ,if the counterclaim is found not to comply1 the counterclaimant and other parties shall be notified that it is deficient and the counterclaimant permitted to file and serve an amended counterclaim within #cj days of the date of such notice4 ,if the counterclaimant files and serves a compliant counterclaim within that period1 the counterclaimant and other parties shall be so notified4 ,if the counterclaim is refiled and served within the #cj-;day period but still fails to comply1 the counterclaimant and other parties will again be notified that it is deficient and the counterclaimant provided a second opportunity to amend it within #cj days4 ,if the counterclaim is refiled and served again within the second #cj-;day period and is compliant1 the counterclaimant and parties shall be so notified1 but if the counterclaim still fails to comply1 upon confirmation of its noncompliance by a ,copyright ,claims ,officer1 the counterclaim1 but not the proceeding1 shall be dismissed without prejudice4 7#c7 ,dismissal for good cause ,the ,copyright ,claims ,board shall dismiss a proceeding without prejudice if1 upon reviewing a claim or counterclaim1 or at any other time in a proceeding1 the ,copyright ,claims ,board concludes that it is unsuitable for determination by the ,copyright ,claims ,board1 including due to the following3 7,a7 ,the failure to join a necessary party4 7,b7 ,the lack of an essential witness1 evidence1 or expert testimony4 7,c7 ,determination of a relevant issue of law or fact that could exceed the competence of the ,copyright ,claims ,board4 7g7 ,service of notice and claims ,to proceed with a claim against a respondent1 a claimant must within #ij days of receiving notification to proceed with service file proof of service on the respondent with the ,copyright ,claims ,board4 ,to effectuate service on a respondent1 the claimant must cause notice of the proceeding and a copy of the claim to be served on the respondent1 either by personal service or pursuant to a waiver of personal service1 as prescribed in regulations established by the ,register of ,copyrights4 ,such regulations shall include the following requirements and conditions3 7#a7 ,the notice of the proceeding shall adhere to a prescribed form and shall set forth the nature of the ,copyright ,claims ,board and proceeding1 the respondent's right to opt out1 and the consequences of opting out and not opting out1 including a prominent statement that1 by not opting out within the #cj-;day period1 the respondent-- 7,a7 will forgo the opportunity to have the dispute decided by a court created under article ,,iii of the ,constitution of the ,united ,states2 and 7,b7 will be waiving the right to a jury trial regarding the dispute4 7#b7 ,the copy of the claim served on the respondent shall be as it was filed with the ,copyright ,claims ,board4 7#c7 ,personal service of a notice and claim may be effected by an individual who is not a party to the proceeding and is over the age of #ah4 7#d7 ,an individual1 other than a minor or incompetent individual1 may be served by-- 7,a7 following ,state law for serving a summons in an action brought in courts of general jurisdiction in the ,state where service is made2 or 7,b7 doing any of the following3 7i7 ,delivering a copy of the notice and claim to the individual personally4 7ii7 ,leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there4 7iii7 ,delivering a copy of each to an agent authorized by appointment or by law to receive service of process4 7#e7 ,a corporation1 partnership or unincorporated association that is subject to suit in courts of general jurisdiction under a common name may be served by-- 7,a7 following ,state law for serving a summons in an action brought in courts of general jurisdiction in the ,state where service is made2 or 7,b7 delivering a copy of the notice and claim to an officer1 a managing or general agent or any other agent authorized by appointment or by law to receive service of process in an action brought in courts of general jurisdiction and1 if the agent is one authorized by statute and the statute so requires1 by also mailing a copy of each to the respondent4 7#f7 ,to request a waiver of personal service1 the claimant may notify a respondent by first class mail or other reasonable means that a proceeding has been commenced in accordance with regulations established by the ,register of ,copyrights1 which shall include the following3 7,a7 ,any such request shall be in writing and addressed to the respondent1 and be accompanied by a prescribed notice of the proceeding and copy of the claim as filed with the ,copyright ,claims ,board1 as well as a prescribed form for waiver of personal service1 and a prepaid or costless means of returning the form4 7,b7 ,the request shall state the date it was sent and provide the respondent #cj days to return the signed waiver form1 which signed waiver shall constitute acceptance and proof of service as of the date it is signed for purposes of this subsection4 7#g7 ,a respondent's waiver of personal service shall not constitute a waiver of the respondent's right to opt out of the proceeding3 ,provided1 however1 ,that a respondent who timely waives personal service and does not opt out shall be allowed an additional #cj days beyond the amount of time normally permitted under the applicable procedures of the ,copyright ,claims ,board to submit a substantive response to the claim1 including any defenses and counterclaims4 7#h7 ,a minor or an incompetent individual may only be served by following ,state law for serving a summons or like process on such an individual in an action brought in the courts of general jurisdiction of the ,state where service is made4 7#i7 ,service of a claim and waiver of personal service may only be effected within the ,united ,states4 7h7 ,opt-,out procedure ,upon being properly served with a notice and claim1 a respondent who chooses to opt out of the proceeding shall have #cj days from the date of service in which to provide written notice of such choice to the ,copyright ,claims ,board1 in accordance with regulations established by the ,register of ,copyrights4 ,if proof of service has been filed by the claimant and the respondent does not submit an opt-out notice to the ,copyright ,claims ,board within #cj days of service1 the proceeding shall be deemed an active proceeding and the respondent shall be bound by the result to the extent provided under section #adjf7;a74 ,if the respondent opts out during that period1 the proceeding shall be dismissed without prejudice3 ,provided1 however1 ,that in exceptional circumstances and upon written notice to the claimant1 the ,copyright ,claims ,board may extend such #cj-;day period in the interests of justice4 7i7 ,service of other documents ,other documents submitted or relied upon in the proceeding shall be served as provided in regulations established by the ,register of ,copyrights4 7j7 ,scheduling ,upon confirmation that a proceeding has become an active proceeding1 the ,copyright ,claims ,board shall issue a schedule for future conduct of the proceeding4 ,a schedule issued by the ,copyright ,claims ,board may be amended by the ,copyright ,claims ,board in the interests of justice4 7k7 ,conferences ,one or more ,copyright ,claims ,officers may hold a conference to address case management or discovery issues in a proceeding3 ,provided1 however1 ,that such conference shall not be addressed to ultimate issues of fact or law4 ,any such conference shall be noted upon the record of the proceeding and may be recorded or transcribed4 7l7 ,party submissions ,there shall be no formal motion practice in a ,copyright ,claims ,board proceeding3 ,provided1 however1 ,that1 subject to applicable regulations and the procedures of the ,copyright ,claims ,board-- 7#a7 the parties to a proceeding shall be permitted to make requests to the ,copyright ,claims ,board to address case management and discovery matters1 and submit responses thereto2 and 7#b7 the ,copyright ,claims ,board may request or permit parties to make submissions addressing relevant questions of fact or law1 or other matters1 including matters raised sua sponte by the ,copyright ,claims ,officers1 and offer responses thereto4 7m7 ,discovery ,discovery shall be limited to the production of relevant information and documents1 written interrogatories1 and written requests for admission1 as further provided in regulations established by the ,register of ,copyrights3 ,provided1 however1 ,that-- 7#a7 upon request of a party1 and for good cause shown1 the ,copyright ,claims ,board shall have the discretion to approve additional limited discovery in particular matters1 and may request specific information and documents from participants in the proceeding and voluntary submissions from nonparticipants2 7#b7 upon request of a party1 and for good cause shown1 the ,copyright ,claims ,board may issue a protective order to limit the disclosure of documents or testimony that contain confidential information2 and 7#c7 after providing notice and an opportunity to respond1 and upon good cause shown1 the ,copyright ,claims ,board may apply an adverse inference with respect to disputed facts against a party who has failed timely to provide discovery materials in response to a proper request for materials that could be relevant to such facts4 7n7 ,evidence ,the ,copyright ,claims ,board may consider the following types of evidence1 which may be admitted without application of formal rules of evidence3 7#a7 ,documentary and other nontestimonial evidence that is relevant to the claims1 counterclaims or defenses in a proceeding4 7#b7 ,testimonial evidence1 submitted under penalty of perjury in written form or in accordance with subsection 7o71 limited to statements of the parties and nonexpert witnesses1 that is relevant to the claims1 counterclaims and defenses in a proceeding3 ,provided1 however1 ,that in exceptional cases expert witness testimony or other types of testimony may be permitted by the ,copyright ,claims ,board for good cause shown4 7o7 ,hearings ,the ,copyright ,claims ,board may conduct a hearing to receive oral presentations on issues of fact or law from parties and witnesses to a proceeding1 including oral testimony3 ,provided1 however1 ,that-- 7#a7 any such hearing shall be attended by at least two of the ,copyright ,claims ,officers2 7#b7 the hearing shall be noted upon the record of the proceeding and1 subject to paragraph 7#c71 may be recorded or transcribed as deemed necessary by the ,copyright ,claims ,board2 and 7#c7 a recording or transcript of the hearing shall be made available to a ,copyright ,claims ,officer who is not in attendance4 7p7 ,voluntary dismissal 7#a7 ,by claimant ,upon written request of a claimant received prior to a respondent's filing of a response to a claim1 the ,copyright ,board shall dismiss the proceeding1 or a claim or respondent1 as requested1 such dismissal to be without prejudice4 7#b7 ,by counterclaimant ,upon written request of a counterclaimant received prior to a claimant's filing of a response to a counterclaim1 the ,copyright ,claims ,board shall dismiss the counterclaim1 such dismissal to be without prejudice4 7q7 ,settlement ,at any time in an active proceeding some or all of the parties may-- 7#a7 jointly request a conference with a ,copyright ,claims ,officer for the purpose of facilitating settlement discussions2 or 7#b7 submit to the ,copyright ,claims ,board an agreement providing for settlement and dismissal of some or all of the claims and counterclaims in the proceeding1 which submission may also include a request that the ,copyright ,claims ,board adopt some or all of the terms of the parties' settlement in a final determination4 7r7 ,factual findings ,subject to subsection 7m77#c71 the ,copyright ,claims ,board shall make factual findings based upon a preponderance of the evidence4 7s7 ,determinations 7#a7 ,nature and contents ,a determination rendered by the ,copyright ,claims ,board in a proceeding shall-- 7,a7 be reached by a majority of the ,copyright ,claims ,board2 7,b7 be in writing1 and include an explanation of the factual and legal basis of the decision therein2 7,c7 pursuant to section #adjc7;e77#b71 set forth any terms by which a respondent or counterclaim respondent has agreed to cease infringing activity2 7,d7 pursuant to subsection 7q77#b7 and to the extent agreed by the parties1 set forth the terms of any settlement to the extent requested by the parties2 and 7,e7 include a clear statement of all damages and other relief awarded1 including pursuant to subparagraphs 7,c7 and 7,d74 7#b7 ,dissent ,a ,copyright ,claims ,officer who dissents from a decision contained in a determination may append a statement setting forth the grounds for his or her dissent4 7#c7 ,publication ,final determinations of the ,copyright ,claims ,board shall be made available on a publicly accessible website with other records to be made available to the public in accordance with law3 ,provided1 however1 ,that such records may be redacted by the ,copyright ,claims ,board to protect confidential information that is the subject of a protective order under subsection 7m77#b74 7t7 ,respondent's default ,where a proceeding has been deemed an active proceeding but the respondent has failed to appear or has ceased participating in the proceeding1 as demonstrated by his or her failure to meet one or more deadlines or requirements set forth in the schedule adopted by the ,copyright ,claims ,board pursuant to subsection 7j7 without justifiable cause1 the ,copyright ,claims ,board may enter a default determination1 including the dismissal of any counterclaim asserted by a respondent1 as follows and in accordance with such other requirements as the ,register of ,copyrights may prescribe by regulation3 7#a7 ,the ,copyright ,claims ,board shall require the claimant to submit relevant evidence and other information in support of his or her claim and any asserted damages and1 upon review of such evidence and any other requested submissions from the claimant1 shall determine whether the materials so submitted are sufficient to support a finding in favor of the claimant under applicable law and1 if so1 the appropriate relief and damages1 if any1 to be awarded4 7#b7 ,if the claimant has met his or her burden under paragraph 7#a71 the ,copyright ,claims ,board shall prepare a proposed default determination and provide written notice to the respondent at all addresses1 including email addresses1 reflected in the records of the proceeding before the ,copyright ,claims ,board1 concerning the pendency of a default determination by the ,copyright ,claims ,board and the legal significance of such determination4 ,such notice shall be accompanied by the proposed default determination and provide that the respondent has #cj days from the date of the notice to submit any evidence or other information in opposition to the proposed default determination4 7#c7 ,if the respondent responds to the notice provided under paragraph 7#b7 within the #cj-;day period1 the ,copyright ,claims ,board shall consider respondent's submissions and1 after allowing the other parties to address such submissions1 maintain or amend its proposed determination as appropriate1 and the resulting determination shall not be a default determination4 7#d7 ,if the respondent fails to respond to the notice provided under paragraph 7#b71 the ,copyright ,claims ,board shall proceed to issue the default determination as a final determination4 ,thereafter1 the respondent may only challenge such determination to the extent permitted under section #adjg7;c73 ,provided1 however1 ,that prior to the initiation of any additional proceedings under section #adjg1 the ,copyright ,claims ,board shall have the discretion to vacate the default determination in the interests of justice4 7u7 ,claimant's failure ,to proceed 7#a7 ,failure to complete service ,if a claimant fails to complete service on a respondent within the #ij-;day period as prescribed in subsection 7g71 that respondent shall be dismissed from the proceeding without prejudice2 and if a claimant fails to complete service on all respondents within the #ij-;day period1 the proceeding shall be dismissed by the ,copyright ,claims ,board without prejudice4 7#b7 ,failure to prosecute ,if a claimant fails to proceed in an active proceeding1 as demonstrated by his or her failure to meet one or more deadlines or requirements set forth in the schedule adopted by the ,copyright ,claims ,board pursuant to subsection 7j7 without justifiable cause1 the ,copyright ,claims ,board may1 upon providing written notice to the claimant and #cj days to respond1 issue a determination dismissing the claimants' claims1 which shall include an award of attorneys' fees and costs if appropriate under subsection 7x77#b74 ,thereafter1 the claimant may only challenge such determination to the extent permitted under section #adjg7;c73 ,provided1 however1 ,that prior to the initiation of any additional proceedings under section #adjg1 the ,copyright ,claims ,board shall have the discretion to vacate the determination of dismissal in the interests of justice4 7v7 ,reconsideration ,a party may1 within #cj days of the date of issuance of a final determination by the ,copyright ,claims ,board1 submit a written request for reconsideration of1 or an amendment to1 such determination if the party identifies a clear error of law or fact material to the outcome1 or a technical mistake4 ,after providing the other parties an opportunity to address such request1 the ,copyright ,claims ,board shall respond by denying the request or issuing an amended final determination4 7w7 ,review by register ,a party who has been denied reconsideration by the ,copyright ,claims ,board may1 within #cj days of the date of such denial1 request review by the ,register of ,copyrights in accordance with regulations established by the ,register of ,copyrights1 which regulations shall provide for a reasonable filing fee4 ,the ,register's review shall be limited to consideration of whether the ,copyright ,claims ,board abused its discretion in denying reconsideration4 ,after providing the other parties an opportunity to address the request1 the ,register shall respond by denying the request or remanding the proceeding to the ,copyright ,claims ,board for reconsideration of identified issues and issuance of an amended final determination1 which amended final determination shall not be subject to further consideration or review other than pursuant to section #adjg7;c74 7x7 ,conduct of parties and attorneys 7#a7 ,certification ,the ,register of ,copyrights shall establish regulations concerning certification of the accuracy and truthfulness of statements made by participants in proceedings before the ,copyright ,claims ,board4 7#b7 ,bad faith conduct ,notwithstanding any other provision of law1 in any proceeding in which a determination is rendered and-- 7,a7 it is established that a party pursued a claim1 counterclaim or defense for a harassing or other improper purpose1 or without reasonable basis in law or fact2 or 7,b7 the claimant's claim is dismissed for failure to prosecute pursuant to subsection 7u77#b71 unless inconsistent with the interests of justice1 the ,copyright ,claims ,board shall in such determination award reasonable attorneys' fees and costs to any adversely affected party or parties in a total amount not to exceed #e1jjj3 ,provided1 however1 that if an adversely affected party appeared pro se in the proceeding1 the award to that party shall be of costs only and no more than #b1ejj4 7#c7 ,if it is established that on more than one occasion within a #ab month period a party pursued a claim1 counterclaim or defense before the ,board for a harassing or other improper purpose1 or without reasonable basis in law or fact1 such party shall be barred from initiating a claim before the ,board for a period of #ab months4 7y7 ,notwithstanding anything to the contrary in this chapter1 the ,register of ,copyrights may promulgate regulations allowing for the disposition of any claim in which total damages sought are #e1jjj or less 7exclusive of attorneys' fees and costs74 ,at a minimum1 any such regulations shall provide-- 7#a7 for one copyright claims officer to consider and issue a determination with regard to the claim2 and 7#b7 for which a copyright claims attorney shall review the claim and determine whether the case shall be heard by one officer or the ,board4 7z7 ,a claimant may request the ,board to issue a subpoena to a service provider for identification of an alleged infringer of claimant's copyrighted work4 ,the ,copyright ,office shall promulgate regulations governing1 at minimum1 the issuance of the subpoena1 the contents of the request1 the contents of the subpoena1 and the obligations of a service provider who is issued a subpoena4 ,the regulations shall further require that the claimant seeking the subpoena must make a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this ,act4 ,such subpoenas shall be enforceable by the ,united ,states ,district ,court for the ,district of ,columbia4 #adjf4 ,effect of proceeding 7a7 ,determination ,subject to the reconsideration and review processes afforded by sections #adje7v7 and #adje7w71 respectively1 and section #adjg7;c71 the rendering of a final determination by the ,copyright ,claims ,board in a proceeding1 including a default determination or determination based on failure to prosecute1 shall1 solely with respect to the parties to such determination1 preclude relitigation before any court or tribunal1 or before the ,copyright ,claims ,board1 of the claims and counterclaims asserted and finally determined by such determination1 and may be relied upon for such purpose in a future action or proceeding arising from the same specific activity or activities3 ,provided1 however1 ,that-- 7#a7 a determination of the ,copyright ,claims ,board shall not preclude litigation or relitigation as between the same or different parties before any court or tribunal1 or the ,copyright ,claims ,board1 of the same or similar issues of fact or law in connection with claims or counterclaims not asserted and finally determined by the determination of the ,copyright ,claims ,board2 7#b7 a determination of ownership of a copyrighted work for purposes of resolving a matter before the ,copyright ,claims ,board shall not be relied upon1 and shall have no preclusive effect1 in any other action or proceeding before any other court or tribunal1 including the ,copyright ,claims ,board2 and 7#c7 except to the extent permitted in this subsection and section #adjg1 no determination of the ,copyright ,claims ,board shall be cited or relied upon as legal precedent in any other action or proceeding before any court or tribunal1 including the ,copyright ,claims ,board4 7b7 ,other materials in proceeding ,except as permitted under this section and section #adjg1 a submission or statement of a party or witness made in connection with a proceeding before the ,copyright ,claims ,board1 including a proceeding that is dismissed1 shall not be cited or relied upon in1 or serve as the basis of1 any action or proceeding concerning rights or limitations on rights under this title before any court or tribunal1 including the ,copyright ,claims ,board4 7c7 ,with respect to section #eab7;g7 ,notwithstanding any other provision of law1 the commencement of a proceeding by a claimant before the ,copyright ,claims ,board against a subscriber of a service provider that seeks a declaration of infringement concerning material that has been removed or to which access has been disabled by the service provider in response to a notification of claimed infringement by the claimant pursuant to section #eab7;c77#a77;,c7 of this title shall be a basis to preclude the replacement of such material by the service provider pursuant to section #eab7;g7 of this title if notice of the commencement of the ,copyright ,claims ,board proceeding is provided by the claimant to the service provider's designated agent not less than #aj nor more than #ad business days following receipt of a counter notification by the service provider pursuant to section #eab7;g7 of this title4 7d7 ,failure ,to assert counterclaim ,the failure or inability to assert a counterclaim in a proceeding before the ,copyright ,claims ,board shall not preclude its assertion in a subsequent court action or proceeding before the ,copyright ,claims ,board4 7e7 ,opt-,out or dismissal of party ,if a party has timely opted out of a proceeding under section #adje7;h7 or is dismissed from a proceeding prior to the issuance of a final determination by the ,copyright ,claims ,board1 the determination shall not be binding upon and shall have no preclusive effect with respect to that party4 #adjg4 ,review and confirmation by district court 7a7 ,in general ,in any proceeding in which a party has failed to pay monies as required or otherwise comply with the relief awarded in a final determination of the ,copyright ,claims ,board1 including a default determination or a determination based on failure to prosecute1 the aggrieved party may1 within one year of the issuance of such final determination1 resolution of any reconsideration by the ,copyright ,claims ,board or review by the ,register of ,copyrights1 or issuance of an amended final determination1 whichever occurs last1 apply to the ,united ,states ,district ,court for the ,district of ,columbia or any other federal district court of competent jurisdiction for an order confirming the final relief awarded and reducing such award to judgment4 ,the court shall grant such order and direct entry of judgment unless the determination is or has been vacated1 modified or corrected as permitted under subsection 7c74 ,if the ,united ,states ,district ,court for the ,district of ,columbia or any other federal district court of competent jurisdiction issues an order confirming the relief awarded by the ,board1 the ,court must impose on the party who failed to pay damages or otherwise comply with the relief1 the reasonable expenses required to secure such order1 including attorney fees1 incurred by the aggrieved party4 7b7 ,filing procedures 7#a7 ,notice of the application for confirmation of a determination of the ,copyright ,claims ,board and entry of judgment shall be provided to all parties to the proceeding before the ,copyright ,claims ,board1 in accordance with the procedures applicable to service of a motion in ,united ,states ,district ,court for the ,district of ,columbia4 7#b7 ,the application shall include a certified copy of the final or amended final determination of the ,copyright ,claims ,board1 as reflected in the records of the ,copyright ,claims ,board1 following any process of reconsideration or review by the ,register of ,copyrights1 to be confirmed and rendered to judgment1 as well as a declaration by the applicant under penalty of perjury that it is a true and correct copy of such determination1 the date it was issued1 and whether the applicant is aware of any other proceedings before the ,united ,states ,district ,court concerning the same determination of the ,copyright ,claims ,board4 7c7 ,challenges to the determination 7#a7 ,bases for challenge ,upon application of a party to the ,copyright ,claims ,board proceeding within #ij days of the issuance of a final or amended final determination by the ,copyright ,claims ,board following any process of reconsideration or review by the ,register of ,copyrights1 the ,united ,states ,district ,court for the ,district of ,columbia may issue an order vacating1 modifying or correcting a determination of the ,copyright ,claims ,board in the following cases3 7,a7 ,where the determination was issued or as a result of fraud1 corruption1 misrepresentation1 or other misconduct4 7,b7 ,where the ,copyright ,claims ,board exceeded its authority or failed to render a final and definite determination concerning the subject matter at issue4 7,c7 ,in the case of a default determination or determination based on failure to prosecute1 where it is established that the default or failure was due to excusable neglect4 7#b7 ,procedure to challenge 7,a7 ,notice of the application to challenge a determination of the ,copyright ,claims ,board shall be provided to all parties to the proceeding before the ,copyright ,claims ,board1 in accordance with the procedures applicable to service of a motion in ,united ,states ,district ,court for the ,district of ,columbia4 7,b7 ,the application shall include a certified copy of the final or amended final determination1 as reflected in the records of the ,copyright ,claims ,board following any process of reconsideration or review by the ,register of ,copyrights1 that is the subject of the application1 as well as a declaration by the applicant under penalty of perjury that it is a true and correct copy of such determination1 the date it was issued1 the basis for challenge under subsection 7c77#a71 and whether the applicant is aware of any other proceedings before the ,united ,states ,district ,court concerning the same determination of the ,copyright ,claims ,board4 ,for the purposes of the application1 any judge who might make an order to stay the proceedings in an action brought in the same court1 may make an order1 to be served with the notice of application1 staying proceedings to enforce the award4 #adjh4 ,relationship to other district court actions 7a7 ,stay of district court proceedings ,a ,united ,states district court shall order a stay of proceedings or such other relief as it deems appropriate with respect to any claim brought before it that is already the subject of a pending active proceeding before the ,copyright ,claims ,board4 7b7 ,district court cost and fee awards ,in any case before a ,united ,states district court in which the court is considering whether to award costs or attorneys' fees to a prevailing party pursuant to section #eje of this title1 the district court may in its discretion take into account1 among other relevant factors1 whether the nonprevailing party had the option and could have chosen to proceed before the ,copyright ,claims ,board in lieu of the district court4 7c7 ,alternative dispute resolution process ,the ,copyright ,claims ,board shall qualify as an alternative dispute resolution process under section #fea of title #bh for purposes of referral of eligible cases by ,united ,states district courts upon consent of the parties4 #adji4 ,implementation by ,copyright ,office 7a7 ,regulations 7#a7 ,implementation generally ,the ,register of ,copyrights shall establish regulations to implement the ,copyright ,claims ,board as contemplated by this chapter1 including the establishment of the fees prescribed by sections #adje7;e77#c7 and #adje7w71 which authority shall not limit the ,register's more general authority to establish fees for services in accordance with section #gjh of this title4 ,all fees received by the ,copyright ,office in connection with the activities under this chapter shall be deposited by the ,register and credited to the appropriations for necessary expenses of the ,office in accordance with section #gjh7;d7 of this title4 7#b7 ,limits on monetary relief ,the ,register may conduct a rulemaking to adjust the limits on monetary recovery or attorneys' fees and costs that may be awarded under this chapter to further the goals of the ,copyright ,claims ,board3 ,provided1 however1 ,that any resulting rule that makes such an adjustment shall become effective at the end of a period of #abj days after the rule is submitted to ,congress and only if ,congress does not enact a law within such #abj-;day period that provides in substance that ,congress does not approve of the new rule4 7b7 ,necessary facilities ,subject to applicable law1 the ,register of ,copyrights may retain outside vendors to establish ,internet-based1 teleconferencing and other facilities required to operate the ,copyright ,claims ,board4 #adaj4 ,funding ,there are authorized to be appropriated such sums as may be necessary to pay the costs incurred by the ,copyright ,office under this chapter that are not covered by fees collected for services rendered under this chapter1 including the costs of establishing and maintaining the ,copyright ,claims ,board and its facilities4 #adaa4 ,definitions ,as used in this chapter-- 7#a7 the term party refers to both a party and the party's attorney1 as applicable2 7#b7 the term person 7including his and her7 refers to both an individual and an entity that is amenable to legal process under applicable law2 and 7#c7 the term ,united ,states has the meaning given in section #aja of this title4 4 7b7 ,clerical amendment ,the table of chapters for title #ag1 ,united ,states ,code1 is amended by adding after the item relating to chapter #ac the following new item3 #ad4;,copyright ,small ,claims#adja 4 #c4 ,implementation ,the ,copyright ,claims ,board shall begin operation no later than one year after of the date of the enactment of this ,act4 #d4 ,study ,not later than #c years after the issuance of the first determination by the ,copyright ,claims ,board1 the ,register of ,copyrights shall deliver a study to ,congress that addresses-- 7#a7 the use and efficacy of the ,copyright ,claims ,board in resolving copyright claims2 7#b7 whether adjustments to the authority of the ,copyright ,claims ,board1 including eligible claims and works and applicable damages limitations1 are necessary or advisable2 7#c7 whether greater allowance should be made to permit awards of attorneys' fees and costs to prevailing parties1 including potential limitations on such awards2 7#d7 potential mechanisms to assist copyright owners with small claims in ascertaining the identity and location of unknown online infringers2 7#e7 whether the ,copyright ,claims ,board should be expanded to offer mediation or other nonbinding alternative dispute resolution services to interested parties2 and 7#f7 such other matters as the ,register of ,copyrights believes may be pertinent concerning the ,copyright ,claims ,board4 #e4 ,severability ,if any provision of this ,act is declared unconstitutional1 the validity of the remainder of this ,act shall not be affected4