§1501 — Title 17 Copyrights | U.S. Code

Summary

Defines who counts as certain people in Copyright Claims Board cases. Claimant: the real person or group who starts a case at the Copyright Claims Board using an allowed claim of infringement, noninfringement, or misrepresentation. Counterclaimant: a respondent who files an allowed counterclaim against the claimant and is the real party for that counterclaim. Party: anyone in the case, and this also includes their lawyer. Respondent: the person the claimant brings the case against at the Copyright Claims Board for infringement, noninfringement, or misrepresentation.

Title 17, §1501

Copyrights — Source: USLM XML via OLRC

In this chapter—

(1)the term “claimant” means the real party in interest that commences a proceeding before the Copyright Claims Board under section 1506(e), pursuant to a permissible claim of infringement brought under section 1504(c)(1), noninfringement brought under section 1504(c)(2), or misrepresentation brought under section 1504(c)(3);

(2)the term “counterclaimant” means a respondent in a proceeding before the Copyright Claims Board that—

(A)asserts a permissible counterclaim under section 1504(c)(4) against the claimant in the proceeding; and

(B)is the real party in interest with respect to the counterclaim described in subparagraph (A);

(3)the term “party”—

(A)means a party; and

(B)includes the attorney of a party, as applicable; and

(4)the term “respondent” means any person against whom a proceeding is brought before the Copyright Claims Board under section 1506(e), pursuant to a permissible claim of infringement brought under section 1504(c)(1), noninfringement brought under section 1504(c)(2), or misrepresentation brought under section 1504(c)(3).

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Severability

Pub. L. 116–260, div. Q, title II, § 212(f), Dec. 27, 2020, 134 Stat. 2200, provided that: “If any provision of this section [see

Short Title

of 2020 Amendment note set out under section 101 of this title], an amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this section and the

Amendments

made by this section, and the application of the provision or the amendment to any other person or circumstance, shall not be affected.”

§1501 Definitions