Title 17 — CopyrightsRelease 119-73not60

§1507 Effect of Proceeding

Title 17 › Chapter 15— COPYRIGHT SMALL CLAIMS › § 1507

Last updated Apr 5, 2026|Official source

Summary

A final decision by the Copyright Claims Board stops the same parties from re-trying the claims and counterclaims the Board finally decided, unless those decisions are reconsidered or reviewed under 1506(w), 1506(x), or 1508(c). That protection only applies to the parties in that decision. A Board finding about who owns a work cannot be used to block later court cases. Except as allowed here or in section 1508, Board decisions may not be used as legal precedent in other cases. Statements or filings made for a Board case, even if the case is later dismissed, generally cannot be used in other court or Board proceedings. Not being able to raise a counterclaim in the Board does not stop someone from raising it later in court or in another Board case. If a person timely opts out under 1506(i) or is dismissed before the Board issues a final decision, that decision is not binding on them. A Board case does not affect a class action in a United States district court, and 1509(a) does not apply to those class actions. If someone is in an active Board case and then learns they are a class member in a related federal class action, they must either opt out of the class under rules set by the Register of Copyrights or ask to dismiss the Board case under 1506(q)(3). Certain Board claims under 1504(c)(1), (c)(4), or (c)(6) (when related to (c)(1) or (c)(4)) can count as an action to seek a restraining order under 512(g)(2)(C) if the claimant notifies the service provider’s agent before the provider replaces material after a counter-notice under 512(g), and the claim alleges infringement of the material named in the 512(c)(1)(C) notice.

Full Legal Text

Title 17, §1507

Copyrights — Source: USLM XML via OLRC

(a)Subject to the reconsideration and review processes provided under subsections (w) and (x) of section 1506 and section 1508(c), the issuance of a final determination by the Copyright Claims Board in a proceeding, including a default determination or determination based on a failure to prosecute, shall, solely with respect to the parties to such determination, preclude relitigation before any court or tribunal, or before the Copyright Claims Board, of the claims and counterclaims asserted and finally determined by the Board, and may be relied upon for such purpose in a future action or proceeding arising from the same specific activity or activities, subject to the following:

(1)A determination of the Copyright Claims Board shall not preclude litigation or relitigation as between the same or different parties before any court or tribunal, or the Copyright Claims Board, of the same or similar issues of fact or law in connection with claims or counterclaims not asserted or not finally determined by the Copyright Claims Board.

(2)A determination of ownership of a copyrighted work for purposes of resolving a matter before the Copyright Claims Board may not be relied upon, and shall not have any preclusive effect, in any other action or proceeding before any court or tribunal, including the Copyright Claims Board.

(3)Except to the extent permitted under this subsection and section 1508, any determination of the Copyright Claims Board may not be cited or relied upon as legal precedent in any other action or proceeding before any court or tribunal, including the Copyright Claims Board.

(b)(1)A proceeding before the Copyright Claims Board shall not have any effect on a class action proceeding in a district court of the United States, and section 1509(a) shall not apply to a class action proceeding in a district court of the United States.

(2)Any party to an active proceeding before the Copyright Claims Board who receives notice of a pending class action, arising out of the same transaction or occurrence as the proceeding before the Copyright Claims Board, in which the party is a class member shall either—

(A)opt out of the class action, in accordance with regulations established by the Register of Copyrights; or

(B)seek dismissal under section 1506(q)(3) of the proceeding before the Copyright Claims Board.

(c)Except as permitted under this section and section 1508, a submission or statement of a party or witness made in connection with a proceeding before the Copyright Claims Board, including a proceeding that is dismissed, may not be cited or relied upon in, or serve as the basis of, any action or proceeding concerning rights or limitations on rights under this title before any court or tribunal, including the Copyright Claims Board.

(d)A claim or counterclaim before the Copyright Claims Board that is brought under subsection (c)(1) or (c)(4) of section 1504, or brought under subsection (c)(6) of section 1504 and that relates to a claim under subsection (c)(1) or (c)(4) of such section, qualifies as an action seeking an order to restrain a subscriber from engaging in infringing activity under section 512(g)(2)(C) if—

(1)notice of the commencement of the Copyright Claims Board proceeding is provided by the claimant to the service provider’s designated agent before the service provider replaces the material following receipt of a counter notification under section 512(g); and

(2)the claim brought alleges infringement of the material identified in the notification of claimed infringement under section 512(c)(1)(C).

(e)The failure or inability to assert a counterclaim in a proceeding before the Copyright Claims Board shall not preclude the assertion of that counterclaim in a subsequent court action or proceeding before the Copyright Claims Board.

(f)If a party has timely opted out of a proceeding under section 1506(i) or is dismissed from a proceeding before the Copyright Claims Board issues a final determination in the proceeding, the determination shall not be binding upon and shall have no preclusive effect with respect to that party.

Reference

Citations & Metadata

Citation

17 U.S.C. § 1507

Title 17 — Copyrights

Last Updated

Apr 5, 2026

Release point: 119-73not60