§ 1510. Implementation by Copyright Office

407 words·~2 min read·/usc/title-17/section-1510

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Regulations.—

(1)Implementation generally.— The Register of Copyrights shall establish regulations to carry out this chapter. Such regulations shall include the fees prescribed under subsections

(e)and

(x)of section 1506. The authority to issue such fees shall not limit the authority of the Register of Copyrights to establish fees for services under section 708. All fees received by the Copyright Office in connection with the activities under this chapter shall be deposited by the Register of Copyrights and credited to the appropriations for necessary expenses of the Office in accordance with section 708(d). In establishing regulations under this subsection, the Register of Copyrights shall provide for the efficient administration of the Copyright Claims Board, and for the ability of the Copyright Claims Board to timely complete proceedings instituted under this chapter, including by implementing mechanisms to prevent harassing or improper use of the Copyright Claims Board by any party.

(2)Limits on monetary relief.—

(A)In general.— Subject to subparagraph (B), not earlier than 3 years after the date on which Copyright 1 Claims Board issues the first determination of the Copyright Claims Board, the Register of Copyrights may, in order to further the goals of the Copyright Claims Board, conduct a rulemaking to adjust the limits on monetary recovery or attorneys’ fees and costs that may be awarded under this chapter.

(B)Effective date of adjustment.— Any rule under subparagraph

(A)that makes an adjustment shall take effect at the end of the 120-day period beginning on the date on which the Register of Copyrights submits the rule to Congress and only if Congress does not, during that 120-day period, enact a law that provides in substance that Congress does not approve the rule.

(b)Necessary Facilities.— Subject to applicable law, the Register of Copyrights may retain outside vendors to establish internet-based, teleconferencing, and other facilities required to operate the Copyright Claims Board.

(c)Fees.— Any filing fees, including the fee to commence a proceeding under section 1506(e), shall be prescribed in regulations established by the Register of Copyrights. The sum total of such filing fees shall be in an amount of not less than $100, may not exceed the cost of filing an action in a district court of the United States, and shall be fixed in amounts that further the goals of the Copyright Claims Board.

(Added Pub. L. 116–260, div. Q, title II, § 212(b), Dec. 27, 2020, 134 Stat. 2198.)

Connections11 cite this · traces to 1

Cited by 11 sections · top 8

public-private-law