PRIA, Government Policy, Made Personal

Summary

Defines who counts as a claimant, counterclaimant, party, and respondent in proceedings before the Copyright Claims Board. Claimant: the actual person or group that starts a proceeding under section 1506(e) by bringing an allowed claim of infringement (section 1504(c)(1)), noninfringement (section 1504(c)(2)), or misrepresentation (section 1504(c)(3)). Counterclaimant: a respondent who files an allowed counterclaim under section 1504(c)(4) and is the actual person or group with that counterclaim. Party: anyone involved in the proceeding, including the party’s attorney. Respondent: the person the proceeding is brought against under section 1506(e) by an allowed claim listed in section 1504(c)(1), (c)(2), or (c)(3).

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