PART 226—SMALLER CLAIMS Authority: 17 U.S.C. 702, 1510. Source: 87 FR 30085, May 17, 2022, unless otherwise noted. § 226.1 General. When total monetary relief sought in a claim does not exceed $5,000 (exclusive of attorneys' fees and costs), the claimant may choose to have the proceeding adjudicated under the procedures set forth in this part. The provisions of 37 CFR parts 220, 221, 223, 224, 227, 228, 229, 230, 231, 232, 233, and 234 and 37 CFR 222.1 through 222.10, 222.17, and 222.19 shall also apply to proceedings adjudicated under this part and no other procedures other than those set forth in this part shall apply, unless the Copyright Claims Board (Board) decides in its discretion that such application or non-application would not be in the interest of justice. § 226.2 Requesting a smaller claims proceeding. A claimant may request consideration of a claim under the smaller claims procedures in this part at the time of filing a claim. The claimant may change its choice as to whether to have its claim considered under the smaller claims procedures or the standard Board procedures at any time before service of the initial notice. initial notice initial notice initial notice initial notice [89 FR 2492, Jan. 16, 2024] § 226.3 Effect of counterclaims on a smaller claims proceeding. Where a claimant has chosen to proceed via a smaller claims proceeding, a respondent only may assert a counterclaim that seeks total monetary relief of $5,000 or less (exclusive of attorneys' fees or costs). Any permissible counterclaims asserted by a respondent shall be adjudicated under the procedures set forth in this part. § 226.4 Nature of a smaller claims proceeding. (a) Proceeding before a Copyright Claims Officer. (b) Initial scheduling order. (c) Initial conference In general. (2) Discovery. (d) Merits conference Timing of merits conference. (2) Submission of materials before merits conference. (i) Shall file with the presiding Officer evidence it wishes to be considered for the presiding Officer to decide the case as well as any evidence requested by the presiding Officer. All such evidence must have been served on the other parties to the proceeding before such filing, unless the evidence was received from the other side; (ii) May submit a written statement that set forth its positions as to the claims, defenses, and any counterclaims, along with any damages sought and the types of damages sought. Such written statement shall follow the procedures set forth in § 220.5(b) of this subchapter and shall be limited to seven pages. No written responses shall be permitted; and (iii) May submit witness statements that comply with § 222.15(b)(2) of this subchapter. No later than seven days before the merits conference, an opposing party may request that the witness whose statement was submitted appear at the merits conference so that the party may ask the witness questions relating to the witness's testimony. The failure of a witness to appear in response to such a request shall not preclude the presiding Officer from accepting the statement, but the presiding Officer may take the inability to question the witness into account when considering the weight of the witness's testimony. (3) Failure to submit evidence. (4) Conduct of merits conference. (e) Proposed findings of fact. (1) Response to proposed findings of fact. (2) Statement as to damages. final determination; (3) Statement as to voluntary agreement to stop or mitigate unlawful activities. (f) Final determinations. final determination. (2) If, as described in § 227.1 of this subchapter, a respondent fails to appear or participate in a proceeding brought under the procedures set forth in this part, the presiding Officer shall transfer the proceedings to proceed under the rules governing default proceedings under part 227 of this subchapter, which may result in a default determination default determination (g) Additional conferences. (h) No expert testimony. [87 FR 30085, May 17, 2022; 87 FR 36061, June 15, 2022; 89 FR 2492, Jan. 16, 2024]