§ 222.8. Response.
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/us/cfr/t37/s§ 222.8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Filing a response. Following receipt of the scheduling order in an active proceeding, each respondent shall file a response through eCCB using the response form provided by the Board. Except for respondents who are represented by the same legal counsel or authorized representative, each respondent shall submit a separate response.
(b)Content of response. The response shall include---
(1)The name and mailing address of the respondent(s) and, for any respondents represented by legal counsel or an authorized representative, of such respondent's legal counsel or authorized representative;
(2)The phone number and email address of---
(i)The respondent, if the respondent is not represented by legal counsel or an authorized representative; or
(ii)The legal counsel or other authorized representative for the respondent, if the respondent is represented by legal counsel or an authorized representative;
(3)A short statement, if applicable, disputing any facts asserted in the claim;
(4)For infringement claims brought under 17 U.S.C. 1504(c)(1), a statement describing in detail the dispute regarding the alleged infringement, including reasons why the respondent contends that it has not infringed the claimant's copyright, and any additional defenses, including whether any exceptions and limitations as set forth in 17 U.S.C. 107 through 122 are implicated;
(5)For declaration of noninfringement claims brought under 17 U.S.C. 1504(c)(2), a statement describing in detail the dispute regarding the alleged infringement, including reasons why the respondent contends that its copyright has been infringed by claimant, and any additional defenses the respondent may have to the claim;
(6)For misrepresentation claims brought under 17 U.S.C. 1504(c)(3), a statement describing in detail the dispute regarding the alleged misrepresentation, including an explanation of why the respondent believes the identified words do not constitute misrepresentation, and any additional defenses the respondent may have to the claim;
(7)Any counterclaims pursuant to § 222.9; and
(8)A certification under penalty of perjury by the respondent or the respondent's legal counsel or authorized representative that the information provided in the response is accurate and truthful to the best of the certifying person's knowledge and, if the certifying person is not the respondent, that the certifying person has confirmed the accuracy of the information with the respondent. The certification shall include the typed signature of the certifying person.
(c)Additional matter. The respondent may also include, as attachments to or files that accompany the response, any material the respondent believes plays a significant role in setting forth the facts of the claim, such as:
(1)A copy of the copyright registration certificate for a work that is the subject of the proceeding;
(2)A copy of the allegedly infringed work. This copy may also be accompanied by additional information, such as a hyperlink or screenshot, that shows where the allegedly infringed work has been posted;
(3)A copy of the allegedly infringing material. This copy may also be accompanied by additional information, such as a hyperlink or screenshot, that shows any allegedly infringing activity;
(4)A copy of the notification of claimed infringement that is alleged to contain the misrepresentation;
(5)A copy of the counter notification that is alleged to contain the misrepresentation; and
(6)Any other exhibits that play a significant role in setting forth the facts of the response.
(d)Additional information required during response submission. In connection with the submission of the response the respondent shall also provide---
(1)For any respondent that is represented by legal counsel or an authorized representative, the email address and telephone number of that respondent. Such information shall not be part of the response; and
(2)Any further information that the Board may determine should be provided.
(e)Timing of response. The respondent has 30 days from the issuance of the scheduling order to submit a response. If the respondent waived personal service, the respondent will have an additional 30 days to submit the response.
(f)Failure to file response. A failure to file a response within the required timeframe may constitute a default under 17 U.S.C. 1506(u), and the Board may begin proceedings in accordance with part 227 of this subchapter. \[87 FR 17004, Mar. 25, 2022, as amended at 87 FR 30077, May 17, 2022; 87 FR 36060, June 15, 2022\]
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