The United States Copyright Office (USCO), made available a final rule that addresses many of the joint comments PPA submitted as part of the Copyright Alliance regarding the implementation of the Copyright Claims Board (CCB). The goal of the USCO was to ascertain where stakeholders aligned and where they stood apart. PPA was joined by 20 other visual arts organizations in this comment submission.
Notable takeaways from this final rule include:
- A claimant or counterclaimant may request small claims expedited registration only after it “has submitted a completed registration application and the proceeding has become active.”
- The CCB will provide notice to all parties to a proceeding when a proceeding is dismissed without prejudice after being held in abeyance for more than one year pending a registration decision.
- The USCO refined its procedures to allow for additional payment methods in the future as digital infrastructure is updated. This paves the way for companies like Paypal, Zelle, Venmo, and CashApp since they are not presently supported by pay.gov.
- An expedited registration will be granted by the USCO if the requisite fee has been paid and it’s not unduly burdensome based on the Office’s workload or budget at the time the request is made. This language aligns with the Compendium regarding denials of expedited registration.
- Minor modifications to change “claim” to “request” to avoid confusion with other uses of the term “claim.”
- Since the expedited registration fee is paid per registration application, small claims expedited registration for a group application will incur the same fee as a single-work application.
- The fee for expedited registration will be set at $50.
More information on the CCB will be available as we approach the implementation deadline between December 27, 2021, at the earliest and June 27, 2022, at the latest.
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