37 CFR 220.1 – Definitions
For purposes of this subchapter:
Terms Used In 37 CFR 220.1
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(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.