Section 220.1 - DefinitionsFor purposes of this subchapter:
(a)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 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(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.(g)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. 87 FR 17000 , 4/25/2022; 87 FR 30075 , 6/16/2022