PART 220—GENERAL PROVISIONS Authority: 17 U.S.C. 702, 1510. Source: 87 FR 30075, May 17, 2022, unless otherwise noted. § 220.1 Definitions. For purposes of this subchapter: (a) Active proceeding (b) Authorized representative (c) Bad-faith conduct active proceeding. (d) Default determination final determination (e) Final determination active proceeding final determination (f) Initial notice (g) Second notice (h) Standard interrogatories active proceeding (i) Standard requests for the production of documents active proceeding. § 220.2 Authority and functions. The Copyright Claims Board (Board) is an alternative forum to Federal court in which parties may voluntarily seek to resolve certain copyright-related claims regarding any category of copyrighted work, as provided in chapter 15 of title 17 of the United States Code. The Board's proceedings are governed by title 17 of the United States Code and the regulations in this subchapter. § 220.3 Copyright Claims Board Handbook. The Copyright Claims Board may issue a handbook explaining the Board's practices and procedures. The handbook may be viewed on, downloaded from, or printed from the Board's website. The handbook will not override any existing statute or regulation. § 220.4 Timing. When the start or end date for calculating any deadline set forth in this subchapter falls on a weekend or a Federal holiday, the start or end date shall be extended to the next Federal workday. Any document subject to a deadline must be either submitted to the Board's electronic filing system (eCCB) by 11:59 p.m. Eastern Time on the date of the deadline or dispatched by the date of the deadline. § 220.5 Requests, responses, and written submissions. (a) Requests and responses submitted through fillable form. (1) Tier one requests and responses. (i) Requests to amend a scheduling order and responses to such requests under § 222.11(d)(2) of this subchapter; (ii) Requests for a general conference or discovery conference (those not involving a dispute) and responses to such requests under § 222.11(c), § 225.1(c), or § 226.4(g) of this subchapter; (iii) Statements as to damages under § 222.15(b)(3) of this subchapter; (iv) Requests for a hearing under § 222.16(c) of this subchapter; (v) Requests to withdraw claims or counterclaims under § 222.17 of this subchapter; (vi) Requests for a settlement conference and responses to such requests under § 222.18(b)(2) of this subchapter; (vii) Requests to stay proceedings for settlement discussions or requests to extend the stay of proceedings for settlement discussions, and responses to such requests, under § 222.18(f) of this subchapter; (viii) Joint requests for a dismissal under § 222.18(g) of this subchapter; (ix) Requests for the standard protective order under § 222.19(a) of this subchapter; (x) Requests to remove a confidentiality designation and responses to such requests under § 222.19(a)(5) of this subchapter; (xi) Requests for a custom protective order under § 222.19(b) of this subchapter; (xii) Requests to use not previously submitted evidence at a hearing and responses to such requests under § 222.20(d) of this subchapter; (xiii) Requests to modify the discovery schedule and responses to such requests under § 225.1(b) of this subchapter; (xiv) Requests to withhold additional documents as privileged and responses to such requests under § 225.3(g) of this subchapter; (xv) Requests to issue a notice regarding a missed deadline or requirement and responses to such requests under § 227.1(a) or § 228.2(a) of this subchapter; (xvi) Responses to a Board-issued notice regarding a missed deadline in the default context under § 227.1(c) of this subchapter; (xvii) Responses to a Board-issued notice regarding a missed deadline in the failure to prosecute context under § 228.2(c)(2) of this subchapter; (xviii) Requests to designate an official reporter for a hearing and responses to such requests under § 229.1(d) of this subchapter; (xix) Requests to withdraw representation under § 232.5 of this subchapter; (xx) Requests by a claimant under § 226.2 of this subchapter to change its choice as to whether to have its claim considered under the smaller claims procedures or the standard Board procedures; and (xxi) Requests not otherwise covered under § 220.5(d). (2) Tier two requests and responses. (i) Requests to amend pleadings and responses to such requests under § 222.12(d)(2) of this subchapter; (ii) Requests to consolidate and responses to such requests under § 222.13(c) of this subchapter; (iii) Requests to intervene by a third party and responses to such requests under § 222.14(c) of this subchapter; (iv) Requests to dismiss for unsuitability and responses to such requests under § 224.2(c) of this subchapter; (v) Requests for additional discovery under § 225.4(a)(4) of this subchapter. Such requests must enter each specific additional discovery request ( e.g., (vi) Responses to requests for additional discovery under § 225.4(a)(4) of this subchapter; (vii) Requests to serve requests for admission and responses to requests to serve requests for admission under § 225.4(c) of this subchapter; (viii) Requests to be able to present an expert witness and responses to such requests under § 225.4(b)(2) of this subchapter; (ix) Requests for a conference to resolve a discovery dispute under § 225.5(b) of this subchapter. Such requests must attach any inadequate interrogatory responses or inadequate request for admission responses and may attach communications related to the discovery dispute or documents specifically discussed in the request related to the inadequacy of the document production; (x) Responses to requests for a conference to resolve a discovery dispute under § 225.5(b) of this subchapter. Such responses may attach communications related to the discovery dispute or produced documents specifically pertinent to the dispute; (xi) Requests for sanctions and responses to such requests under § 225.5(e)(1) of this subchapter; (xii) Requests for a third-party to attend a hearing and responses to such requests under § 229.1(c) of this subchapter; (xiii) Responses to an order to show cause regarding bad-faith conduct (xiv) Requests for a conference related to alleged bad-faith conduct (xv) Responses to an order to show cause regarding a pattern of bad-faith conduct (xvi) Requests for a conference related to a pattern of alleged bad-faith conduct (b) Tier three: Uploaded written submissions. (i) Include a title; (ii) Include a caption; (iii) Be typewritten; (iv) Be double-spaced, except for headings, footnotes, or block quotations, which may be single-spaced; (v) Be in 12-point type or larger; and (vi) Include the typed or handwritten signature of the party submitting the document. (2) Documents considered tier three submissions shall include: (i) Direct party statements and response party statements under § 222.15(b)(3) of this subchapter; (ii) Reply party statements under § 222.15(c)(3) of this subchapter; (iii) Settlement position statements under § 222.18(d) of this subchapter; (iv) Requests to reconsider determinations to dismiss for unsuitability and responses to such requests under § 224.2(b)(2) of this subchapter; (v) Smaller claims position statements under § 226.4(d)(2)(ii) of this subchapter; (vi) Responses to smaller claims Board-proposed findings of fact under § 226.4(e)(1); (vii) Claimant written direct party statement in support of default under § 227.2(a) of this subchapter; (viii) Claimant response to Board determination after default that evidence is insufficient to find for claimant under § 227.3(a)(2) of this subchapter; (ix) Response to notice of proposed default determination (x) Requests to vacate a default determination (xi) Request to vacate a dismissal for failure to prosecute and responses to such requests under § 228.2(e) of this subchapter; (xii) Requests for reconsideration under § 230.2 of this subchapter; (xiii) Responses to requests for reconsideration under § 230.3 of this subchapter; (xiv) Requests for review by the Register of Copyrights under § 231.2 of this subchapter; and (xv) Responses to requests for review by the Register of Copyrights under § 231.3 of this subchapter. (c) Replies. (d) Other requests and responses. [87 FR 30075, May 17, 2022; 87 FR 36060, June 15, 2022; 89 FR 2492, Jan. 16. 2024]