,,ii ,calendar ,no4 #bff #aafth ,,congress #ast ,session ,h4 ,r4 #bdbf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bc1 #bjai,received2 read twice and placed on the calendar ,,an ,,act ,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 #bjai or the ,,case ,act of #bjai4 #b4 ,copyright small claims 7a7 ,in general ,title #ag1 ,united ,states ,code1 is amended by adding at the end the following3 #ae ,copyright ,small ,claims ,sec4 #aeja4 ,definitions4 #aejb4 ,copyright ,claims ,board4 #aejc4 ,authority and duties of the ,copyright ,claims ,board4 #aejd4 ,nature of proceedings4 #aeje4 ,registration requirement4 #aejf4 ,conduct of proceedings4 #aejg4 ,effect of proceeding4 #aejh4 ,review and confirmation by district court4 #aeji4 ,relationship to other district court actions4 #aeaj4 ,implementation by ,copyright ,office4 #aeaa4 ,funding4 #aeja4 ,definitions ,in this chapter-- 7#a7 the term party-- 7,a7 means a party2 and 7,b7 includes the attorney of a party1 as applicable2 7#b7 the term claimant means the real party in interest that commences a proceeding before the ,copyright ,claims ,board under section #aejf7;e71 pursuant to a permissible claim of infringement brought under section #aejd7;c77#a71 noninfringement brought under section #aejd7;c77#b71 or misrepresentation brought under section #aejd7;c77#c72 7#c7 the term counterclaimant means a respondent in a proceeding before the ,copyright ,claims ,board that-- 7,a7 asserts a permissible counterclaim under section #aejd7;c77#d7 against the claimant in the proceeding2 and 7,b7 is the real party in interest with respect to the counterclaim described in subparagraph 7,a72 and 7#d7 the term respondent means any person against whom a proceeding is brought before the ,copyright ,claims ,board under section #aejf7;e71 pursuant to a permissible claim of infringement brought under section #aejd7;c77#a71 noninfringement brought under section #aejd7;c77#b71 or misrepresentation brought under section #aejd7;c77#c74 #aejb4 ,copyright ,claims ,board 7a7 ,in general ,there is established in the ,copyright ,office the ,copyright ,claims ,board1 which shall serve as an alternative forum in which parties may voluntarily seek to resolve certain copyright claims regarding any category of copyrighted work1 as provided in this chapter4 7b7 ,officers and staff 7#a7 ,copyright claims officers ,the ,register of ,copyrights shall recommend three full-time ,copyright ,claims ,officers to serve on the ,copyright ,claims ,board in accordance with paragraph 7#c77;,a74 ,the ,officers shall be appointed by the ,librarian of ,congress to such positions after consultation with the ,register of ,copyrights4 7#b7 ,copyright claims attorneys ,the ,register of ,copyrights shall hire not fewer than two full-time ,copyright ,claims ,attorneys to assist in the administration of the ,copyright ,claims ,board4 7#c7 ,qualifications 7,a7 ,copyright claims officers 7i7 ,in general ,each ,copyright ,claims ,officer shall be an attorney who has not fewer than #g years of legal experience4 7ii7 ,experience ,two of the ,copyright ,claims ,officers shall have-- 7,i7 substantial experience in the evaluation1 litigation1 or adjudication of copyright infringement claims2 and 7,,ii7 between those two ,officers1 have represented or presided over a diversity of copyright interests1 including those of both owners and users of copyrighted works4 7iii7 ,alternative dispute resolution ,the ,copyright ,claims ,officer not described in clause 7ii7 shall have substantial familiarity with copyright law and experience in the field of alternative dispute resolution1 including the resolution of litigation matters through that method of resolution4 7,b7 ,copyright claims attorneys ,each ,copyright ,claims ,attorney shall be an attorney who has not fewer than #c years of substantial experience in copyright law4 7#d7 ,compensation 7,a7 ,copyright claims officers 7i7 ,definition ,in this subparagraph1 the term senior level employee of the ,federal ,government means an employee1 other than an employee in the ,senior ,executive ,service1 the position of whom is classified above ,,gs-#ae of the ,general ,schedule4 7ii7 ,pay range ,each ,copyright ,claims ,officer shall be compensated at a rate of pay that is not less than the minimum1 and not more than the maximum1 rate of pay payable for senior level employees of the ,federal ,government1 including locality pay1 as applicable4 7,b7 ,copyright claims attorneys ,each ,copyright ,claims ,attorney shall be compensated at a rate of pay that is not more than the maximum rate of pay payable for level #aj of ,,gs-#ae of the ,general ,schedule1 including locality pay1 as applicable4 7#e7 ,terms 7,a7 ,in general ,subject to subparagraph 7,b71 a ,copyright ,claims ,officer shall serve for a renewable term of #f years4 7,b7 ,initial terms ,the terms for the first ,copyright ,claims ,officers appointed under this chapter shall be as follows3 7i7 ,the first such ,copyright ,claims ,officer appointed shall be appointed for a term of #d years4 7ii7 ,the second ,copyright ,claims ,officer appointed shall be appointed for a term of #e years4 7iii7 ,the third ,copyright ,claims ,officer appointed shall be appointed for a term of #f years4 7#f7 ,vacancies and incapacity 7,a7 ,vacancy 7i7 ,in general ,if a vacancy occurs in the position of a ,copyright ,claims ,officer1 the ,librarian of ,congress shall1 upon the recommendation of and in consultation with the ,register of ,copyrights1 act expeditiously to appoint a ,copyright ,claims ,officer for that position4 7ii7 ,vacancy before expiration ,an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the individual was appointed shall be appointed to serve a #f-year term4 7,b7 ,incapacity ,if a ,copyright ,claims ,officer is temporarily unable to perform the duties of the ,officer1 the ,librarian of ,congress shall1 upon recommendation of and in consultation with the ,register of ,copyrights1 act expeditiously to appoint an interim ,copyright ,claims ,officer to perform such duties during the period of such incapacity4 7#g7 ,sanction or removal ,subject to section #aejc7;b71 the ,librarian of ,congress may sanction or remove a ,copyright ,claims ,officer4 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 the duties of the ,officers and ,attorneys 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 #aejc4 ,authority and duties 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 the civil copyright claims1 counterclaims1 and defenses that may be brought before the ,officers 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 the ,officers and render rulings pertaining to the consideration of claims1 counterclaims1 and defenses1 including with respect to scheduling1 discovery1 evidentiary1 and other matters4 7,d7 ,to request1 from participants and nonparticipants in a proceeding1 the production of information and documents relevant to the resolution of a claim1 counterclaim1 or defense4 7,e7 ,to conduct hearings and conferences4 7,f7 ,to facilitate the settlement by the parties of claims and counterclaims4 7,g7 7i7 ,to award monetary relief2 and 7ii7 to include in the determinations of the ,officers a requirement that certain activities under section #aejd7;e77#b7 cease or be mitigated1 if the party to undertake the applicable measure 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 the ,officers1 certify official records of such proceedings as needed1 and1 as provided in section #aejf7t71 make the records in such proceedings available to the public4 7,j7 ,to carry out such other duties as are set forth in this chapter4 7,k7 ,when not engaged in performing the duties of the ,officers set forth 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 the duties of those ,officers 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 ,to provide information to potential claimants contemplating bringing a permissible action before the ,copyright ,claims ,board about obtaining a subpoena under section #eab7;h7 for the sole purpose of identifying a potential respondent in such an action4 7,d7 ,when not engaged in performing the duties of the ,attorneys set forth in this chapter1 to perform such other duties as may be assigned by the ,register of ,copyrights4 7b7 ,independence in determinations 7#a7 ,in general ,the ,copyright ,claims ,board shall render the determinations of the ,board in individual proceedings independently on the basis of the records in the proceedings before it and in accordance with the provisions of this title1 judicial precedent1 and applicable regulations of the ,register of ,copyrights4 7#b7 ,consultation ,the ,copyright ,claims ,officers and ,copyright ,claims ,attorneys-- 7,a7 may consult with the ,register of ,copyrights on general issues of law2 and 7,b7 subject to section #aejf7x71 may not consult with the ,register of ,copyrights with respect to-- 7i7 the facts of any particular matter pending before the ,officers and the ,attorneys2 or 7ii7 the application of law to the facts described in clause 7i74 7#c7 ,performance appraisals ,notwithstanding any other provision of law or any regulation or policy of the ,library of ,congress or ,register of ,copyrights1 any performance appraisal of a ,copyright ,claims ,officer or ,copyright ,claims ,attorney may not consider the substantive result of any individual determination reached by the ,copyright ,claims ,board as a basis for appraisal except to the extent that result 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 shall1 in the administration of their duties1 be under the general direction of the ,register of ,copyrights4 7d7 ,inconsistent duties barred ,a ,copyright ,claims ,officer or ,copyright ,claims ,attorney may not undertake any duty that conflicts with the duties of the ,officer or ,attorney 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 ,attorney1 as the case may be1 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 and the ,register of ,copyrights concerning the substance of any active or pending 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 any determination are subject to judicial review as provided under section #aejh7;c7 and not under chapter #g of title #e4 #aejd4 ,nature of proceedings 7a7 ,voluntary participation ,participation in a ,copyright ,claims ,board proceeding shall be on a voluntary basis in accordance with this chapter and the right of any party to instead pursue a claim1 counterclaim1 or defense in a district court of the ,united ,states1 any other court1 or any other forum1 and to seek a jury trial1 shall be preserved4 ,the rights1 remedies1 and limitations under this section may not be waived except in accordance with this chapter4 7b7 ,statute of limitations 7#a7 ,in general ,a proceeding may not be maintained before the ,copyright ,claims ,board unless the proceeding is commenced1 in accordance with section #aejf7;e71 before the ,copyright ,claims ,board within #c years after the claim accrued4 7#b7 ,tolling ,subject to section #aejg7;a71 a proceeding commenced before the ,copyright ,claims ,board shall toll the time permitted under section #ejg7;b7 for the commencement of an action on the same claim in a district court of the ,united ,states during the period in which the proceeding is pending4 7c7 ,permissible claims1 counterclaims1 and defenses ,the ,copyright ,claims ,board may render determinations with respect to the following claims1 counterclaims1 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 in a copyrighted work provided under section #ajf by the legal or beneficial owner of the exclusive right at the time of the infringement for 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 in a copyrighted work provided under section #ajf1 consistent with section #bbja of title #bh4 7#c7 ,a claim under section #eab7;f7 for misrepresentation in connection with a notification of claimed infringement or a counter notification seeking to replace removed or disabled material1 except that any remedies relating to such a claim in a proceeding before the ,copyright ,claims ,board shall be limited to those available under this chapter4 7#d7 ,a counterclaim that is asserted solely against the claimant in a proceeding-- 7,a7 pursuant to which the counterclaimant seeks damages1 if any1 within the limitations set forth in subsection 7e77#a72 and 7,b7 that-- 7i7 arises under section #ajf or section #eab7;f7 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 7ii7 arises under an agreement pertaining to the same transaction or occurrence that is the subject of a claim of infringement brought under paragraph 7#a71 if the agreement could affect the relief awarded to the claimant4 7#e7 ,a legal or equitable defense under 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 respondents1 but only if all claims asserted in any one proceeding arise out of the same allegedly infringing activity or continuous course of infringing activities and do not1 in the aggregate1 result in the recovery of such claim or claims for damages that exceed the limitations under subsection 7e77#a74 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 pending before a court of competent jurisdiction1 unless that court has granted a stay to permit that claim or counterclaim to proceed before the ,copyright ,claims ,board4 7#c7 ,a claim or counterclaim by or against a ,federal or ,state governmental entity4 7#d7 ,a claim or counterclaim asserted against a person or entity residing outside of the ,united ,states1 except in a case in which the person or entity initiated the proceeding before the ,copyright ,claims ,board and is subject to counterclaims under this chapter4 7e7 ,permissible remedies 7#a7 ,monetary recovery 7,a7 ,actual damages1 profits1 and statutory damages for infringement ,with respect to a claim or counterclaim for infringement of copyright1 and subject to the limitation on total monetary recovery under subparagraph 7,d71 the ,copyright ,claims ,board may award either of the following3 7i7 ,actual damages and profits determined in accordance with section #ejd7;b71 with that award taking into consideration1 in appropriate cases1 whether the infringing party has agreed to cease or mitigate the infringing activity under paragraph 7#b74 7ii7 ,statutory damages1 which shall be determined in accordance with section #ejd7;c71 subject to the following conditions3 7,i7 ,with respect to works timely registered under section #dab1 so that the works are eligible for an award of statutory damages in accordance with that section1 the statutory damages may not exceed #ae1jjj for each work infringed4 7,,ii7 ,with respect to works not timely registered under section #dab1 but eligible for an award of statutory damages under this section1 statutory damages may not exceed #g1ejj per work infringed1 or a total of #ae1jjj in any one proceeding4 7,,iii7 ,the ,copyright ,claims ,board may not make any finding that1 or consider whether1 the infringement was committed willfully in making an award of statutory damages4 7,,iv7 ,the ,copyright ,claims ,board may consider1 as an additional factor in awarding statutory damages1 whether the infringer has agreed to cease or mitigate the infringing activity under paragraph 7#b74 7,b7 ,election of damages ,with respect to a claim or counterclaim of infringement1 at any time before final determination is rendered1 and notwithstanding the schedule established by the ,copyright ,claims ,board under section #aejf7k71 the claimant or counterclaimant shall elect-- 7i7 to recover actual damages and profits or statutory damages under subparagraph 7,a72 or 7ii7 not to recover damages4 7,c7 ,damages for other claims ,damages for claims and counterclaims other than infringement claims1 such as those brought under section #eab7;f71 shall be subject to the limitation under subparagraph 7,d74 7,d7 ,limitation on total monetary recovery ,notwithstanding any other provision of law1 a party that pursues any one or more claims or counterclaims in any single proceeding before the ,copyright ,claims ,board may not seek or recover in that proceeding a total monetary recovery that exceeds the sum of #cj1jjj1 exclusive of any attorneys' fees and costs that may be awarded under section #aejf7y77#b74 7#b7 ,agreement to cease certain activity ,in a determination of the ,copyright ,claims ,board1 the ,board shall include a requirement to cease conduct if1 in the proceeding relating to the determination-- 7,a7 a party agrees-- 7i7 to cease activity that is found to be infringing1 including removing or disabling access to1 or destroying1 infringing materials2 or 7ii7 to cease sending a takedown notice or counter notice under section #eab to the other party regarding the conduct at issue before the ,board if that notice or counter notice was found to be a knowing material misrepresentation under section #eab7;f72 and 7,b7 the agreement described in subparagraph 7,a7 is reflected in the record for the proceeding4 7#c7 ,attorneys' fees and costs ,notwithstanding any other provision of law1 except in the case of bad faith conduct as provided in section #aejf7y77#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 7g7 ,permissible number of cases ,the ,register of ,copyrights may establish regulations relating to the permitted number of proceedings each year by the same claimant under this chapter1 in the interests of justice and the administration of the ,copyright ,claims ,board4 #aeje4 ,registration requirement 7a7 ,application or certificate ,a claim or counterclaim alleging infringement of an exclusive right in a copyrighted work may not be asserted before the ,copyright ,claims ,board unless-- 7#a7 the legal or beneficial owner of the copyright has first delivered a completed application1 a deposit1 and the required fee for registration of the copyright to the ,copyright ,office2 and 7#b7 a registration certificate has either 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 statutory damages under this chapter for infringement of a work if the requirements of subsection 7a7 have been met1 except that-- 7#a7 the ,copyright ,claims ,board may not render a determination in the proceeding until-- 7,a7 a registration certificate with respect to the work has been issued by the ,copyright ,office1 submitted to the ,copyright ,claims ,board1 and made available to the other parties to the proceeding2 and 7,b7 the other parties to the proceeding have been provided an opportunity to address the registration certificate2 7#b7 if the proceeding may not proceed further because a registration certificate for the work is pending1 the proceeding shall be held in abeyance pending submission of the certificate to the ,copyright ,claims ,board1 except that1 if the proceeding is held in abeyance for more than #a year1 the ,copyright ,claims ,board may1 upon providing written notice to the parties to the proceeding1 and #cj days to the parties to respond to the notice1 dismiss the proceeding without prejudice2 and 7#c7 if the ,copyright ,claims ,board receives notice that registration with respect to the work has been refused1 the proceeding shall be dismissed without prejudice4 7c7 ,presumption ,in a case in which a registration certificate shows that registration with respect to a work was issued not later than #e years after the date of the first publication of the work1 the presumption under section #daj7;c7 shall apply in a proceeding before the ,copyright ,claims ,board1 in addition to relevant principles of law under this title4 7d7 ,regulations ,in order to ensure that actions before the ,copyright ,claims ,board proceed in a timely manner1 the ,register of ,copyrights shall establish regulations allowing the ,copyright ,office to make a decision1 on an expedited basis1 to issue or deny copyright registration for an unregistered work that is at issue before the ,board4 #aejf4 ,conduct of proceedings 7a7 ,in general 7#a7 ,applicable law ,proceedings of the ,copyright ,claims ,board shall be conducted in accordance with this chapter and regulations established by the ,register of ,copyrights under this chapter1 in addition to relevant principles of law under this title4 7#b7 ,conflicting precedent ,if it appears that 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 in which the action could have been brought if filed in a district court of the ,united ,states1 or1 if the action could have been brought in more than one such 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 the ,board4 7c7 ,centralized process ,proceedings before the ,copyright ,claims ,board shall-- 7#a7 be conducted at the offices of the ,copyright ,claims ,board without the requirement of in-person appearances by parties or others2 and 7#b7 take place by means of written submissions1 hearings1 and conferences carried out through internet-based applications and other telecommunications facilities1 except that1 in cases in which 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 may make alternative arrangements for the submission of such evidence that do not prejudice any other party to the proceeding4 7d7 ,representation ,a party to a proceeding before the ,copyright ,claims ,board may be1 but is not required to be1 represented by-- 7#a7 an attorney2 or 7#b7 a law student who is qualified under applicable law governing representation by law students of parties in legal proceedings and who provides such representation on a pro bono basis4 7e7 ,commencement of proceeding ,in order to commence a proceeding under this chapter1 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 under subsection 7y77#a72 and 7#c7 is accompanied by a filing fee in such amount as may be prescribed in regulations established by the ,register of ,copyrights4 7f7 ,review of claims and counterclaims 7#a7 ,claims ,upon the filing of a claim under subsection 7e71 the claim shall be reviewed by a ,copyright ,claims ,attorney to ensure that the claim complies with this chapter and applicable regulations1 subject to the following3 7,a7 ,if the claim is found to comply1 the claimant shall be notified regarding that compliance and instructed to proceed with service of the claim under subsection 7g74 7,b7 ,if the claim is found not to comply1 the claimant shall be notified that the claim is deficient and be permitted to file an amended claim not later than #cj days after the date on which the claimant receives the notice1 without the requirement of an additional filing fee4 ,if the claimant files a compliant claim within that #cj-;day period1 the claimant shall be so notified and be instructed to proceed with service of the claim4 ,if the claim is refiled within that #cj-;day period and still fails to comply1 the claimant shall again be notified that the claim is deficient and shall be provided a second opportunity to amend the claim within #cj days after the date of that second notice1 without the requirement of an additional filing fee4 ,if the claim is refiled again within that second #cj-;day period and is compliant1 the claimant shall be so notified and shall be instructed to proceed with service of the claim1 but if the claim still fails to comply1 upon confirmation of such 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 period4 7,c7 7i7 ,subject to clause 7ii71 for purposes of this paragraph1 a claim against an online service provider for infringement by reason of the storage of or referral or linking to infringing material that may be subject to the limitations on liability set forth in subsection 7b71 7c71 or 7d7 of section #eab shall be considered noncompliant unless the claimant affirms in the statement required under subsection 7e77#a7 of this section that the claimant has previously notified the service provider of the claimed infringement in accordance with subsection 7b77#b77;,e71 7c77#c71 or 7d77#c7 of section #eab1 as applicable1 and the service provider failed to remove or disable access to the material expeditiously upon the provision of such notice4 7ii7 ,if a claim is found to be noncompliant under clause 7i71 the ,copyright ,claims ,board shall provide the claimant with information concerning the service of such a notice under the applicable provision of section #eab4 7#b7 ,counterclaims ,upon the filing and service of a counterclaim1 the counterclaim shall be reviewed by a ,copyright ,claims ,attorney to ensure that the counterclaim complies with the provisions of this chapter and applicable regulations4 ,if the counterclaim is found not to comply1 the counterclaimant and the other parties to the proceeding shall be notified that the counterclaim is deficient1 and the counterclaimant shall be permitted to file and serve an amended counterclaim within #cj days after the date of such notice4 ,if the counterclaimant files and serves a compliant counterclaim within that #cj-;day period1 the counterclaimant and such other parties shall be so notified4 ,if the counterclaim is refiled and served within that #cj-;day period but still fails to comply1 the counterclaimant and such other parties shall again be notified that the counterclaim is deficient1 and the counterclaimant shall be provided a second opportunity to amend the counterclaim within #cj days after the date of the second notice4 ,if the counterclaim is refiled and served again within that second #cj-;day period and is compliant1 the counterclaimant and such other parties shall be so notified1 but if the counterclaim still fails to comply1 upon confirmation of such noncompliance by a ,copyright ,claims ,officer1 the counterclaim1 but not the proceeding1 shall be dismissed without prejudice4 7#c7 ,dismissal for unsuitability ,the ,copyright ,claims ,board shall dismiss a claim or counterclaim without prejudice if1 upon reviewing the claim or counterclaim1 or at any other time in the proceeding1 the ,copyright ,claims ,board concludes that the claim or counterclaim is unsuitable for determination by the ,copyright ,claims ,board1 including on account of any of 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 ,the determination of a relevant issue of law or fact that could exceed either the number of proceedings the ,copyright ,claims ,board could reasonably administer or the subject matter competence of the ,copyright ,claims ,board4 7g7 ,service of notice and claims ,in order to proceed with a claim against a respondent1 a claimant shall1 within #ij days after receiving notification under subsection 7f7 to proceed with service1 file with the ,copyright ,claims ,board proof of service on the respondent4 ,in order to effectuate service on a respondent1 the claimant shall 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 requirements3 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 right of the respondent to opt out1 and the consequences of opting out and not opting out1 including a prominent statement that1 by not opting out within #fj days after receiving the notice1 the respondent-- 7,a7 loses the opportunity to have the dispute decided by a court created under article ,,iii of the ,constitution of the ,united ,states2 and 7,b7 waives the right to a jury trial regarding the dispute4 7#b7 ,the copy of the claim served on the respondent shall be the same as the claim that 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 older than #ah years of age4 7#d7 ,an individual1 other than a minor or incompetent individual1 may be served by-- 7,a7 complying with ,state law for serving a summons in an action brought in courts of general jurisdiction in the ,state where service is made2 7,b7 delivering a copy of the notice and claim to the individual personally2 7,c7 leaving a copy of the notice and claim at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there2 or 7,d7 delivering a copy of the notice and claim to an agent designated by the respondent to receive service of process or1 if not so designated1 an agent authorized by appointment or by law to receive service of process4 7#e7 7,a7 ,a corporation1 partnership1 or unincorporated association that is subject to suit in courts of general jurisdiction under a common name shall be served by delivering a copy of the notice and claim to its service agent4 ,if such service agent has not been designated1 service shall be accomplished-- 7i7 by complying with ,state law for serving a summons in an action brought in courts of general jurisdiction in the ,state where service is made2 or 7ii7 by delivering a copy of the notice and claim to an officer1 a managing or general agent1 or any other agent authorized by appointment or by law to receive service of process in an action brought in courts of general jurisdiction in the ,state where service is made and1 if the agent is one authorized by statute and the statute so requires1 by also mailing a copy of the notice and claim to the respondent4 7,b7 ,a corporation1 partnership or unincorporated association that is subject to suit in courts of general jurisdiction under a common name may elect to designate a service agent to receive notice of a claim against it before the ,copyright ,claims ,board by complying with requirements that the ,register of ,copyrights shall establish by regulation4 ,the ,register of ,copyrights shall maintain a current directory of service agents that is available to the public for inspection1 including through the internet1 and may require such corporations1 partnerships1 and unincorporated associations designating such service agents to pay a fee to cover the costs of maintaining the directory4 7#f7 ,in order to request a waiver of personal service1 the claimant may notify a respondent1 by first class mail or by other reasonable means1 that a proceeding has been commenced1 such notice to be made in accordance with regulations established by the ,register of ,copyrights1 subject to the following3 7,a7 ,any such request shall be in writing1 shall be addressed to the respondent1 and shall be accompanied by a prescribed notice of the proceeding1 a copy of the claim as filed with the ,copyright ,claims ,board1 a prescribed form for waiver of personal service1 and a prepaid or other means of returning the form without cost4 7,b7 ,the request shall state the date on which the request is sent1 and shall provide the respondent a period of #cj days1 beginning on the date on which the request is sent1 to return the waiver form signed by the respondent4 ,the signed waiver form shall1 for purposes of this subsection1 constitute acceptance and proof of service as of the date on which the waiver is signed4 7#g7 7,a7 ,a respondent's waiver of personal service shall not constitute a waiver of the respondent's right to opt out of the proceeding4 7,b7 ,a respondent who timely waives personal service under paragraph 7#f7 and does not opt out of the proceeding shall be permitted a period of #cj days1 in addition to the period otherwise permitted under the applicable procedures of the ,copyright ,claims ,board1 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 complying with ,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 ,notification by ,copyright ,claims ,board ,the ,register of ,copyrights shall establish regulations providing for a written notification to be sent by1 or on behalf of1 the ,copyright ,claims ,board to notify the respondent of a pending proceeding against the respondent1 as set forth in those regulations1 which shall-- 7#a7 include information concerning the respondent's right to opt out of the proceeding1 the consequences of opting out and not opting out1 and a prominent statement that1 by not opting out within #fj days after the date of service under subsection 7g71 the respondent loses the opportunity to have the dispute decided by a court created under article ,,iii of the ,constitution of the ,united ,states and waives the right to a jury trial regarding the dispute2 and 7#b7 be in addition to1 and separate and apart from1 the notice requirements under subsection 7g74 7i7 ,opt-,out procedure ,upon being properly served with a notice and claim1 a respondent who chooses to opt out of the proceeding shall have a period of #fj days1 beginning on the date of service1 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 that #fj-;day period1 the proceeding shall be deemed an active proceeding and the respondent shall be bound by the determination in the proceeding to the extent provided under section #aejg7;a74 ,if the respondent opts out of the proceeding during that #fj-;day period1 the proceeding shall be dismissed without prejudice1 except that1 in exceptional circumstances and upon written notice to the claimant1 the ,copyright ,claims ,board may extend that #fj-;day period in the interests of justice4 7j7 ,service of other documents ,documents submitted or relied upon in a proceeding1 other than the notice and claim1 shall be served in accordance with regulations established by the ,register of ,copyrights4 7k7 ,scheduling ,upon confirmation that a proceeding has become an active proceeding1 the ,copyright ,claims ,board shall issue a schedule for the future conduct of the proceeding4 ,the schedule shall not specify a time that a claimant or counterclaimant is required make an election of damages that is inconsistent with section #aejd7;e74 ,a schedule issued by the ,copyright ,claims ,board may be amended by the ,copyright ,claims ,board in the interests of justice4 7l7 ,conferences ,one or more ,copyright ,claims ,officers may hold a conference to address case management or discovery issues in a proceeding1 which shall be noted upon the record of the proceeding and may be recorded or transcribed4 7m7 ,party submissions ,a proceeding of the ,copyright ,claims ,board may not include any formal motion practice1 except that1 subject to applicable regulations and procedures of the ,copyright ,claims ,board-- 7#a7 the parties to the proceeding may 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 7n7 ,discovery ,discovery in a proceeding shall be limited to the production of relevant information and documents1 written interrogatories1 and written requests for admission1 as provided in regulations established by the ,register of ,copyrights1 except that-- 7#a7 upon the request of a party1 and for good cause shown1 the ,copyright ,claims ,board may approve additional relevant discovery1 on a limited basis1 in particular matters1 and may request specific information and documents from participants in the proceeding and voluntary submissions from nonparticipants1 consistent with the interests of justice2 7#b7 upon the 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 to timely provide discovery materials in response to a proper request for materials that could be relevant to such facts4 7o7 ,evidence ,the ,copyright ,claims ,board may consider the following types of evidence in a proceeding1 and such evidence may be admitted without application of formal rules of evidence3 7#a7 ,documentary and other nontestimonial evidence that is relevant to the claims1 counterclaims1 or defenses in the proceeding4 7#b7 ,testimonial evidence1 submitted under penalty of perjury in written form or in accordance with subsection 7p71 limited to statements of the parties and nonexpert witnesses1 that is relevant to the claims1 counterclaims1 and defenses in a proceeding1 except that1 in exceptional cases1 expert witness testimony or other types of testimony may be permitted by the ,copyright ,claims ,board for good cause shown4 7p7 ,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 testimony1 subject to the following3 7#a7 ,any such hearing shall be attended by not fewer than two of the ,copyright ,claims ,officers4 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 ,board4 7#c7 ,a recording or transcript of the hearing shall be made available to any ,copyright ,claims ,officer who is not in attendance4 7q7 ,voluntary dismissal 7#a7 ,by claimant ,upon the written request of a claimant that is received before a respondent files a response to the claim in a proceeding1 the ,copyright ,claims ,board shall dismiss the proceeding1 or a claim or respondent1 as requested1 without prejudice4 7#b7 ,by counterclaimant ,upon written request of a counterclaimant that is received before a claimant files a response to the counterclaim1 the ,copyright ,claims ,board shall dismiss the counterclaim1 such dismissal to be without prejudice4 7#c7 ,class actions ,any party in an active proceeding before the ,copyright ,claims ,board who receives notice of a pending or putative class action1 arising out of the same transaction or occurrence1 in which that party is a class member may request in writing dismissal of the proceeding before the ,board4 ,upon notice to all claimants and counterclaimants1 the ,copyright ,claims ,board shall dismiss the proceeding without prejudice4 7r7 ,settlement 7#a7 ,in general ,at any time in an active proceeding1 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 proceeding4 7#b7 ,additional request ,a submission under paragraph 7#a77;,b7 may include a request that the ,copyright ,claims ,board adopt some or all of the terms of the parties' settlement in a final determination in the proceeding4 7s7 ,factual findings ,subject to subsection 7n77#c71 the ,copyright ,claims ,board shall make factual findings based upon a preponderance of the evidence4 7t7 ,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 determination2 7,c7 set forth any terms by which a respondent or counterclaim respondent has agreed to cease infringing activity under section #aejd7;e77#b72 7,d7 to the extent requested under subsection 7r77#b71 set forth the terms of any settlement agreed to under subsection 7r77#a72 and 7,e7 include a clear statement of all damages and other relief awarded1 including under subparagraphs 7,c7 and 7,d74 7#b7 ,dissent ,a ,copyright ,claims ,officer who dissents from a decision contained in a determination under paragraph 7#a7 may append a statement setting forth the grounds for that dissent4 7#c7 ,publication ,each final determination of the ,copyright ,claims ,board shall be made available on a publicly accessible website4 ,the ,register shall establish regulations with respect to the publication of other records and information relating to such determinations1 including the redaction of records to protect confidential information that is the subject of a protective order under subsection 7n77#b74 7#d7 ,freedom of ,information ,act ,all information relating to proceedings of the ,copyright ,claims ,board under this title is exempt from disclosure to the public under section #eeb7;b77#c7 of title #e1 except for determinations1 records1 and information published under paragraph 7#c74 7u7 ,respondent's default ,if 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 the respondent's failure1 without justifiable cause1 to meet one or more deadlines or requirements set forth in the schedule adopted by the ,copyright ,claims ,board under subsection 7k71 the ,copyright ,claims ,board may enter a default determination1 including the dismissal of any counterclaim asserted by the respondent1 as follows and in accordance with such other requirements as the ,register of ,copyrights may establish by regulation3 7#a7 ,the ,copyright ,claims ,board shall require the claimant to submit relevant evidence and other information in support of the claimant's 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 ,copyright ,claims ,board makes an affirmative determination under paragraph 7#a71 the ,copyright ,claims ,board shall prepare a proposed default determination1 and shall provide written notice to the respondent at all addresses1 including email addresses1 reflected in the records of the proceeding before the ,copyright ,claims ,board1 of the pendency of a default determination by the ,copyright ,claims ,board and of the legal significance of such determination4 ,such notice shall be accompanied by the proposed default determination and shall provide that the respondent has a period of #cj days1 beginning on the date of the notice1 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 period provided in such paragraph1 the ,copyright ,claims ,board shall consider respondent's submissions and1 after allowing the other parties to address such submissions1 maintain1 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 #aejh7;c71 except that1 before any additional proceedings are initiated under section #aejh1 the ,copyright ,claims ,board may1 in the interests of justice1 vacate the default determination4 7v7 ,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 required under subsection 7g71 the ,copyright ,claims ,board shall dismiss that respondent from the proceeding without prejudice4 ,if a claimant fails to complete service on all respondents within that #ij-;day period1 the ,copyright ,claims ,board shall dismiss the proceeding without prejudice4 7#b7 ,failure to prosecute ,if a claimant fails to proceed in an active proceeding1 as demonstrated by the claimant's failure1 without justifiable cause1 to meet one or more deadlines or requirements set forth in the schedule adopted by the ,copyright ,claims ,board under subsection 7k71 the ,copyright ,claims ,board may1 upon providing written notice to the claimant and a period of #cj days1 beginning on the date of the notice1 to respond to the notice1 and after considering any such response1 issue a determination dismissing the claimants' claims1 which shall include an award of attorneys' fees and costs1 if appropriate1 under subsection 7y77#b74 ,thereafter1 the claimant may only challenge such determination to the extent permitted under section #aejh7;c71 except that1 before any additional proceedings are initiated under section #aejh1 the ,copyright ,claims ,board may1 in the interests of justice1 vacate the determination of dismissal4 7w7 ,request for reconsideration ,a party may1 within #cj days after the date on which the ,copyright ,claims ,board issues a final determination in a proceeding under this chapter1 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 either deny the request or issue an amended final determination4 7x7 ,review by register ,if the ,copyright ,claims ,board denies a party a request for reconsideration of a final determination under subsection 7w71 that party may1 within #cj days after the date of such denial1 request review of the final determination by the ,register of ,copyrights in accordance with regulations established by the ,register4 ,such request shall be accompanied by a reasonable filing fee1 as provided in such regulations4 ,the review by the ,register shall be limited to consideration of whether the ,copyright ,claims ,board abused its discretion in denying reconsideration of the determination4 ,after providing the other parties an opportunity to address the request1 the ,register shall either deny the request for review1 or remand the proceeding to the ,copyright ,claims ,board for reconsideration of issues specified in the remand and for issuance of an amended final determination4 ,such amended final determination shall not be subject to further consideration or review1 other than under section #aejh7;c74 7y7 ,conduct of parties and attorneys 7#a7 ,certification ,the ,register of ,copyrights shall establish regulations requiring 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 it is established that a party pursued a claim1 counterclaim1 or defense for a harassing or other improper purpose1 or without a reasonable basis in law or fact1 then1 unless inconsistent with the interests of justice1 the ,copyright ,claims ,board shall in such determination award reasonable costs and attorneys' fees to any adversely affected party of in an amount of not more than #e1jjj1 except that-- 7,a7 if an adversely affected party appeared pro se in the proceeding1 the award to that party shall be for costs only1 in an amount of not more than #b1ejj2 and 7,b7 in extraordinary circumstances1 such as where a party has demonstrated a pattern or practice of bad faith conduct as described in this paragraph1 the ,copyright ,claims ,board may1 in the interests of justice1 award costs and attorneys' fees in excess of the limitations under this paragraph4 7#c7 ,additional penalty ,if the ,board finds that on more than one occasion within a #ab-month period a party pursued a claim1 counterclaim1 or defense before the ,copyright ,claims ,board for a harassing or other improper purpose1 or without a reasonable basis in law or fact1 that party shall be barred from initiating a claim before the ,copyright ,claims ,board under this chapter for a period of #ab months beginning on the date on which the ,board makes such a finding4 ,any proceeding commenced by that party that is still pending before the ,board when such a finding is made shall be dismissed without prejudice1 except that if a proceeding has been deemed active under subsection 7i71 the proceeding shall be dismissed under this paragraph only if the respondent provides written consent thereto4 7z7 ,regulations for smaller claims ,the ,register of ,copyrights shall establish regulations to provide for the consideration and determination1 by at least one ,copyright ,claims ,officer1 of any claim under this chapter in which total damages sought do not exceed #e1jjj 7exclusive of attorneys' fees and costs7 that are otherwise consistent with this chapter4 ,a determination issued under this subsection shall have the same effect as a determination issued by the entire ,copyright ,claims ,board4 #aejg4 ,effect of proceeding 7a7 ,determination ,subject to the reconsideration and review processes provided under subsections 7w7 and 7x7 of section #aejf and section #aejh7;c71 the issuance of a final determination by the ,copyright ,claims ,board in a proceeding1 including a default determination or determination based on a 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 the ,board1 and may be relied upon for such purpose in a future action or proceeding arising from the same specific activity or activities1 subject to the following3 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 or not finally determined by the ,copyright ,claims ,board4 7#b7 ,a determination of ownership of a copyrighted work for purposes of resolving a matter before the ,copyright ,claims ,board may not be relied upon1 and shall not have any preclusive effect1 in any other action or proceeding before any court or tribunal1 including the ,copyright ,claims ,board4 7#c7 ,except to the extent permitted under this subsection and section #aejh1 any determination of the ,copyright ,claims ,board may not 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 ,class actions not affected 7#a7 ,in general ,a proceeding before the ,copyright ,claims ,board shall not have any effect on a class action proceeding in a district court of the ,united ,states1 and section #aeji7;a7 shall not apply to a class action proceeding in a district court of the ,united ,states4 7#b7 ,notice of class action ,any party to an active proceeding before the ,copyright ,claims ,board who receives notice of a pending class action1 arising out of the same transaction or occurrence as the proceeding before the ,copyright ,claims ,board1 in which the party is a class member shall either-- 7,a7 opt out of the class action1 in accordance with regulations established by the ,register of ,copyrights2 or 7,b7 seek dismissal under section #aejf7q77#c7 of the proceeding before the ,copyright ,claims ,board4 7c7 ,other materials in proceeding ,except as permitted under this section and section #aejh1 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 may 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 7d7 ,applicability of section #eab7;g7 ,a claim or counterclaim before the ,copyright ,claims ,board that is brought under subsection 7c77#a7 or 7c77#d7 of section #aejd1 or brought under subsection 7c77#f7 of section #aejd and that relates to a claim under subsection 7c77#a7 or 7c77#d7 of such section1 qualifies as an action seeking an order to restrain a subscriber from engaging in infringing activity under section #eab7;g77#b77;,c7 if-- 7#a7 notice of the commencement of the ,copyright ,claims ,board proceeding is provided by the claimant to the service provider's designated agent before the service provider replaces the material following receipt of a counter notification under section #eab7;g72 and 7#b7 the claim brought alleges infringement of the material identified in the notification of claimed infringement under section #eab7;c77#a77;,c74 7e7 ,failure ,to assert counterclaim ,the failure or inability to assert a counterclaim in a proceeding before the ,copyright ,claims ,board shall not preclude the assertion of that counterclaim in a subsequent court action or proceeding before the ,copyright ,claims ,board4 7f7 ,opt-,out or dismissal of party ,if a party has timely opted out of a proceeding under section #aejf7;i7 or is dismissed from a proceeding before the ,copyright ,claims ,board issues a final determination in the proceeding1 the determination shall not be binding upon and shall have no preclusive effect with respect to that party4 #aejh4 ,review and confirmation by district court 7a7 ,in general ,in any proceeding in which a party has failed to pay damages1 or has failed otherwise to comply with the relief1 awarded in a final determination of the ,copyright ,claims ,board1 including a default determination or a determination based on a failure to prosecute1 the aggrieved party may1 not later than #a year after the date on which the final determination is issued1 any reconsideration by the ,copyright ,claims ,board or review by the ,register of ,copyrights is resolved1 or an amended final determination is issued1 whichever occurs last1 apply to the ,united ,states ,district ,court for the ,district of ,columbia or any other appropriate district court of the ,united ,states for an order confirming the relief awarded in the final determination 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 modified1 or corrected under subsection 7c74 ,if the ,united ,states ,district ,court for the ,district of ,columbia or other district court of the ,united ,states1 as the case may be1 issues an order confirming the relief awarded by the ,copyright ,claims ,board1 the court shall impose on the party who failed to pay damages or otherwise comply with the relief1 the reasonable expenses required to secure such order1 including attorneys' fees1 that were incurred by the aggrieved party4 7b7 ,filing procedures 7#a7 ,application to confirm determination ,notice of the application under subsection 7a7 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 ,board that resulted in the determination1 in accordance with the procedures applicable to service of a motion in the district court of the ,united ,states where the application is made4 7#b7 ,contents of application ,the application shall include the following3 7,a7 ,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 judgment4 7,b7 ,a declaration by the applicant1 under penalty of perjury-- 7i7 that the copy is a true and correct copy of such determination2 7ii7 stating the date it was issued2 7iii7 stating the basis for the challenge under subsection 7c77#a72 and 7iv7 stating whether the applicant is aware of any other proceedings before the court concerning the same determination of the ,copyright ,claims ,board4 7c7 ,challenges to the determination 7#a7 ,bases for challenge ,not later than #ij days after the date on which ,copyright ,claims ,board issues a final or amended final determination in a proceeding1 or not later than #ij days after the date on which the ,register of ,copyrights completes any process of reconsideration or review of the determination1 whichever occurs later1 a party may seek a court order vacating1 modifying1 or correcting the determination of the ,copyright ,claims ,board in the following cases3 7,a7 ,if the determination was issued as a result of fraud1 corruption1 misrepresentation1 or other misconduct4 7,b7 ,if the ,copyright ,claims ,board exceeded its authority or failed to render a final determination concerning the subject matter at issue4 7,c7 ,in the case of a default determination or determination based on a failure to prosecute1 if it is established that the default or failure was due to excusable neglect4 7#b7 ,procedure to challenge 7,a7 ,notice of application ,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 the court where the application is made4 7,b7 ,staying of proceedings ,for purposes of an application under this subsection1 any judge who is authorized to issue an order to stay the proceedings in an any other action brought in the same court may issue an order1 to be served with the notice of application1 staying proceedings to enforce the award while the challenge is pending4 #aeji4 ,relationship to other district court actions 7a7 ,stay of district court proceedings ,subject to section #aejg7;b71 a district court of the ,united ,states shall issue a stay of proceedings or such other relief as the court determines appropriate with respect to any claim brought before the court that is already the subject of a pending or active proceeding before the ,copyright ,claims ,board4 7b7 ,alternative dispute resolution process ,a proceeding before the ,copyright ,claims ,board under this chapter shall qualify as an alternative dispute resolution process under section #fea of title #bh for purposes of referral of eligible cases by district courts of the ,united ,states upon the consent of the parties4 #aeaj4 ,implementation by ,copyright ,office 7a7 ,regulations 7#a7 ,implementation generally ,the ,register of ,copyrights shall establish regulations to carry out this chapter4 ,such regulations shall include the fees prescribed under subsections 7e7 and 7x7 of section #aejf4 ,the authority to issue such fees shall not limit the authority of the ,register of ,copyrights to establish fees for services under section #gjh4 ,all fees received by the ,copyright ,office in connection with the activities under this chapter shall be deposited by the ,register of ,copyrights and credited to the appropriations for necessary expenses of the ,office in accordance with section #gjh7;d74 ,in establishing regulations under this subsection1 the ,register of ,copyrights shall provide for the efficient administration of the ,copyright ,claims ,board1 and for the ability of the ,copyright ,claims ,board to timely complete proceedings instituted under this chapter1 including by implementing mechanisms to prevent harassing or improper use of the ,copyright ,claims ,board by any party4 7#b7 ,limits on monetary relief 7,a7 ,in general ,subject to subparagraph 7,b71 not earlier than #c years after the date on which ,copyright ,claims ,board issues the first determination of the ,copyright ,claims ,board1 the ,register of ,copyrights may1 in order to further the goals of the ,copyright ,claims ,board1 conduct a rulemaking to adjust the limits on monetary recovery or attorneys' fees and costs that may be awarded under this chapter4 7,b7 ,effective date of adjustment ,any rule under subparagraph 7,a7 that makes an adjustment shall take effect at the end of the #abj-;day period beginning on the date on which the ,register of ,copyrights submits the rule to ,congress and only if ,congress does not1 during that #abj-;day period1 enact a law that provides in substance that ,congress does not approve the rule4 7b7 ,necessary facilities ,subject to applicable law1 the ,register of ,copyrights may retain outside vendors to establish internet-based1 teleconferencing1 and other facilities required to operate the ,copyright ,claims ,board4 7c7 ,fees ,any filing fees1 including the fee to commence a proceeding under section #aejf7;e71 shall be prescribed in regulations established by the ,register of ,copyrights4 ,the sum total of such filing fees shall be in an amount of at least #ajj1 may not exceed the cost of filing an action in a district court of the ,united ,states1 and shall be fixed in amounts that further the goals of the ,copyright ,claims ,board4 #aeaa4 ,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 4 7b7 ,clerical amendment ,the table of chapters for title #ag1 ,united ,states ,code1 is amended by adding after the item relating to chapter #ad the following3 #ae4;,copyright ,small ,claims#aeja 4 #c4 ,implementation ,not later #a year after the date of enactment of this ,act1 the ,copyright ,claims ,board established under section #aejb of title #ag1 ,united ,states ,code1 as added by section #b of this ,act1 shall begin operations4 #d4 ,study ,not later than #c years after the date on which ,copyright ,claims ,board issues the first determination of the ,copyright ,claims ,board under chapter #ae of title #ag1 ,united ,states ,code1 as added by section #b of this ,act1 the ,register of ,copyrights shall conduct1 and report to ,congress on1 a study that addresses the following3 7#a7 ,the use and efficacy of the ,copyright ,claims ,board in resolving copyright claims1 including the number of proceedings the ,copyright ,claims ,board could reasonably administer4 7#b7 ,whether adjustments to the authority of the ,copyright ,claims ,board are necessary or advisable1 including with respect to-- 7,a7 eligible claims1 such as claims under section #abjb of title #ag1 ,united ,states ,code2 and 7,b7 works and applicable damages limitations4 7#c7 ,whether greater allowance should be made to permit awards of attorneys' fees and costs to prevailing parties1 including potential limitations on such awards4 7#d7 ,potential mechanisms to assist copyright owners with small claims in ascertaining the identity and location of unknown online infringers4 7#e7 ,whether the ,copyright ,claims ,board should be expanded to offer mediation or other nonbinding alternative dispute resolution services to interested parties4 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 ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provision or the amendment to any other person or circumstance1 shall not be affected4 ,passed the ,house of ,representatives ,october #bb1 #bjai4;,cheryl ,l4 ,johnson1,clerk ,october #bc1 #bjai,received2 read twice and placed on the calendar