AIPLA Submits Comments to U.S. Copyright Office Pursuant to Notice of Proposed Rulemaking Related to CASE Act Regulations

Written November 10, 2021

On November 10, 2021, AIPLA submitted comments to the United States Copyright Office pursuant to the Notice of Proposed Rulemaking (NPRM) related to CASE Act regulations. AIPLA maintained that the Copyright Claims Board (CCB) should be accessible and user-friendly, and commended the Office’s efforts to establish procedures aimed at simplicity and clarity.

Comments provided included support for requiring claimants to provide an email address and/or phone number in the initial notice form due to the belief the practice will do more good than harm, and support for charging filing fees for counterclaims. A staggered fee structure was again suggested with initial fees in the $35 to $55 range. Support was provided for the Office’s proposal that the initial notice to the respondent be provided in a form that includes information required by the statute and additional basic information about the claim and the parties, with the note that “additional basic information” should include a list of the most common, available affirmative defenses.

AIPLA’s comments did not support an opt-out mechanism for claimants who receive a counterclaim, noting that such a mechanism would “constitute an inefficient use of time and resources.” Finally, AIPLA expressed concern for a mechanism whereby a respondent who has opted out of a CCB proceeding can change their mind and opt back in, noting the administrative burden placed on the Office.

To read the full letter, please download the file.