Copyright Office Proposes Small Claims Expedited Registration Procedures and FOIA Conforming Amendment

NewsNet 892
April 26, 2021

The U.S. Copyright Office is proposing procedures for a new expedited registration option, as directed by the Copyright Alternative in Small-Claims Enforcement (CASE) Act, for a work at issue before the Copyright Claims Board (CCB). The proposed rule on small claims expedited registration enables a claimant or counterclaimant with a pending copyright registration application to pay a small additional fee and request expedited registration after they submit their completed registration application, if the respondent either has opted in to the CCB proceeding or has not timely opted out. The Office proposes these changes to help facilitate the access and affordability of alternative dispute resolution before the CCB. Additionally, as part of CASE implementation, the Office proposes a conforming amendment to its Freedom of Information Act (FOIA) regulations. The amendment reflects the CASE Act’s direction that only the CCB “determinations, records, and information” that are published on the Office’s website and that relate to a CCB final determination are subject to disclosure under FOIA.

The notice of proposed rulemaking and instructions on how to submit a comment are available here. Written comments in response to the notice of proposed rulemaking must be received no later than 11:59 p.m. eastern time on May 26, 2021.