New Proposed Rule for CASE Act

This post is an update. Read the original post here.

In August we wrote about the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “CASE Act”) and the initial steps taken by the Copyright Office to develop procedures for the new Copyright Claims Board (“CCB”), as well as open questions surrounding its constitutionality and feasibility.

The Copyright Office has now issued a proposed rule to establish procedures governing the initial stages of proceedings before the CCB. The proposed rule covers filing an initial claim, compliance review, service of the claim and waiver of service, as well as issuance of a second notice, opting out and filing a response and counterclaims. In general, the explanations preceding the proposed rule reflect an effort to prescribe procedures that are less burdensome than in federal court litigation while retaining appropriate safeguards.

Initial written comments on the proposed rule are due on October 29, 2021 and reply comments on November 15, 2021.

As the CCB rules become final and the court ramps up, be sure to let us know if you have a small claim that needs prompt adjudication or need to defend against a claim of infringement. Lutzker & Lutzker stands ready to help our clients in all copyright claims and defenses.