§ 1503. Authority and duties of the Copyright Claims Board

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(a)Functions.—

(1)Copyright claims officers.— Subject to the provisions of this chapter and applicable regulations, the functions of the Copyright Claims Officers shall be as follows:

(A)To render determinations on the civil copyright claims, counterclaims, and defenses that may be brought before the Officers under this chapter.

(B)To ensure that claims, counterclaims, and defenses are properly asserted and otherwise appropriate for resolution by the Copyright Claims Board.

(C)To manage the proceedings before the Officers and render rulings pertaining to the consideration of claims, counterclaims, and defenses, including with respect to scheduling, discovery, evidentiary, and other matters.

(D)To request, from participants and nonparticipants in a proceeding, the production of information and documents relevant to the resolution of a claim, counterclaim, or defense.

(E)To conduct hearings and conferences.

(F)To facilitate the settlement by the parties of claims and counterclaims.

(G)To—

(i)award monetary relief; and

(ii)include in the determinations of the Officers a requirement that certain activities under section 1504(e)(2) cease or be mitigated, if the party to undertake the applicable measure has so agreed.

(H)To provide information to the public concerning the procedures and requirements of the Copyright Claims Board.

(I)To maintain records of the proceedings before the Officers, certify official records of such proceedings as needed, and, as provided in section 1506(t), make the records in such proceedings available to the public.

(J)To carry out such other duties as are set forth in this chapter.

(K)When not engaged in performing the duties of the Officers set forth in this chapter, to perform such other duties as may be assigned by the Register of Copyrights.

(2)Copyright claims attorneys.— Subject to the provisions of this chapter and applicable regulations, the functions of the Copyright Claims Attorneys shall be as follows:

(A)To provide assistance to the Copyright Claims Officers in the administration of the duties of those Officers under this chapter.

(B)To provide assistance to members of the public with respect to the procedures and requirements of the Copyright Claims Board.

(C)To provide information to potential claimants contemplating bringing a permissible action before the Copyright Claims Board about obtaining a subpoena under section 512(h) for the sole purpose of identifying a potential respondent in such an action.

(D)When not engaged in performing the duties of the Attorneys set forth in this chapter, to perform such other duties as may be assigned by the Register of Copyrights.

(b)Independence in Determinations.—

(1)In general.— The Copyright Claims Board shall render the determinations of the Board in individual proceedings independently on the basis of the records in the proceedings before it and in accordance with the provisions of this title, judicial precedent, and applicable regulations of the Register of Copyrights.

(2)Consultation.— The Copyright Claims Officers and Copyright Claims Attorneys—

(A)may consult with the Register of Copyrights on general issues of law; and

(B)subject to section 1506(x), may not consult with the Register of Copyrights with respect to—

(i)the facts of any particular matter pending before the Officers and the Attorneys; or

(ii)the application of law to the facts described in clause (i).

(3)Performance appraisals.— Notwithstanding any other provision of law or any regulation or policy of the Library of Congress or Register of Copyrights, any performance appraisal of a Copyright Claims Officer or Copyright Claims Attorney may not consider the substantive result of any individual determination reached by the Copyright Claims Board as a basis for appraisal except to the extent that the result may relate to any actual or alleged violation of an ethical standard of conduct.

(c)Direction by Register.— Subject to subsection (b), the Copyright Claims Officers and Copyright Claims Attorneys shall, in the administration of their duties, be under the general direction of the Register of Copyrights.

(d)Inconsistent Duties Barred.— A Copyright Claims Officer or Copyright Claims Attorney may not undertake any duty that conflicts with the duties of the Officer or Attorney in connection with the Copyright Claims Board.

(e)Recusal.— A Copyright Claims Officer or Copyright Claims Attorney shall recuse himself or herself from participation in any proceeding with respect to which the Copyright Claims Officer or Copyright Claims Attorney, as the case may be, has reason to believe that he or she has a conflict of interest.

(f)Ex Parte Communications.— Except as may otherwise be permitted by applicable law, any party to a proceeding before the Copyright Claims Board shall refrain from ex parte communications with the Copyright Claims Officers and the Register of Copyrights concerning the substance of any active or pending proceeding before the Copyright Claims Board.

(g)Judicial Review.— Actions of the Copyright Claims Officers and Register of Copyrights under this chapter in connection with the rendering of any determination are subject to judicial review as provided under section 1508(c) and not under chapter 7 of title 5.

(Added Pub. L. 116–260, div. Q, title II, § 212(b), Dec. 27, 2020, 134 Stat. 2179.)

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