§ 220.1 - Definitions.

§ 220.1 Definitions.

For purposes of this subchapter:

(a) An authorized representative is Active proceeding denotes a claim in which the claimant has filed proof of service and the respondent has not, within the sixty day opt-out period, submitted an opt-out notice to the Copyright Claims Board (Board).

(b) Authorized representative means a person, other than legal counsel, who is authorized under this subchapter to represent a party before the

Copyright Claims

Board.

(c) Bad-faith conduct occurs when a party pursues a claim, counterclaim, or defense for a harassing or other improper purpose, or without a reasonable basis in law or fact. Such conduct includes any actions taken in support of a claim, counterclaim, or defense and may occur at any point during a proceeding before the Board, including before a proceeding becomes an active proceeding.

(d) Default determination is a final determination issued as part of the default procedures set forth in 17 U.S.C. 1506(

b) An initial

u) when the respondent does not participate in those procedures.

(e) Final determination is a decision that concludes an active proceeding before the Board and is binding only on the participating parties. A final determination generally assesses the merits of the claims in the proceeding, except when issued to dismiss a claimant's claims for failure to prosecute.

(f) Initial notice means the notice described in 17 U.S.C. 1506(g) that is served on a respondent in a Board proceeding along with the claim.

(

c

g)

A second

Second notice means the notice of a proceeding sent by the Board as described in 17 U.S.C. 1506(h).

(h) Standard interrogatories are written questions provided by the Board that a party in an active proceeding must answer as part of discovery.

(i) Standard requests for the production of documents are written requests provided by the Board requiring a party to provide documents, other information, or tangible evidence as part of discovery in an active proceeding.