March 9, 2022
Pursuant to the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 and after soliciting public comments, the U.S. Copyright Office published a final rule establishing procedures for libraries and archives to preemptively opt out of proceedings before the Copyright Claims Board (CCB).
The rule identifies the procedures for a library or archives to preemptively opt out of participating in CCB proceedings by submitting written notification to the CCB of the intent to opt out, along with a certification that the library or archives qualifies for the opt-out provision. Libraries and Archives will be able to do so using an online form, available later this spring. The Office will announce the availability of the form through its NewsNet email service. A library’s or archives’ preemptive opt-out election extends to the acts of its employees acting within the scope of their employment. The rule also provides that the CCB will maintain a list on its website of libraries and archives that have preemptively opted out of CCB proceedings.
In addition, the rule adopts procedures for electing to opt out of class action litigation arising out of the same transaction or occurrence as a CCB proceeding. Any party to an active CCB proceeding who receives notice of such a class action must either opt out of the class action or seek written dismissal of the CCB proceeding within fourteen days of receiving the notice.
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