The Copyright Claims Board Outlines Service Rules and Opt-out Procedures

The U.S. Copyright Office issued final rules for how business entities can designate agents to receive Copyright Claims Board (CCB) claim notices and how libraries and archives can preemptively opt out of CCB claim proceedings. The CCB, which will eventually provide a voluntary alternative to federal court, is designed to be an efficient, cost-effective forum for certain copyright claims.

Agents of Service
Through the CCB’s website, business entities may designate a service agent to receive CCB claim notices. Corporations, partnerships and unincorporated associations can complete an application to designate a service agent with such information listed in the Designated Service Agent Directory (DSAD). It is important to note that service agents listed in the DSAD may be different than those listed in the DMCA Designated Agent Directory as they are used for different purposes.

Libraries and Archives
In addition, a library or archive may preemptively opt out of participating in CCB proceedings by completing a form found here.

As a resource gateway to the small-claims court for copyright disputes, the website also posts updates on the status of CCB-related rulemakings, some of which have already been finalized. The CCB was established by the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020. Its full opening is expected in the spring of 2022.

As a reminder, legal counsel can aid with service agent designation, advise on opting out of future CCB proceedings, guide on appropriate directory selection, and assist with other copyright needs.

Related reads: The Copyright Claims Board: Key Considerations in this Alternative Venue for Small Copyright Disputes

Attorneys and practice areas related to this topic include:

Robert D. Michaux
Intellectual Property

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