Copyright Claims Board: Representation by Law Students and of Business Entities

CourtCopyright Office,Library Of Congress
Citation86 FR 74394
Publication Date30 December 2021
Record Number2021-28154
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
Proposed Rules Federal Register
74394
Vol. 86, No. 248
Thursday, December 30, 2021
1
Public Law 116–260, sec. 212, 134 Stat. 1182,
2176 (2020).
2
See, e.g., H.R. Rep. No. 116–252, at 18–20
(2019); S. Rep. No. 116–105, at 1–3 (2019). Note, the
CASE Act legislative history cited is for H.R. 2426
and S. 1273, the CASE Act of 2019, a bill nearly
identical to the CASE Act of 2020. See H.R. 2426,
116th Cong. (2019); S. 1273, 116th Cong. (2019).
3
17 U.S.C. 1504(c)(1)–(3). The CCB cannot issue
injunctive relief, but can require that an infringing
party cease or mitigate its infringing activity in the
event such party agrees and the agreement is
reflected in the proceeding’s record. Id. at
1504(e)(2)(A)(i), (e)(2)(B). This provision also
applies to parties making knowing material
misrepresentations under section 512(f). Id. at
1504(e)(2)(A)(ii).
4
Id. at 1504(a); see H.R. Rep. No. 116–252, at 17,
21; S. Rep. No. 116–105, at 3, 11.
5
17 U.S.C. 1507(a)(3); see H.R. Rep. No. 116–252,
at 21–22, 33; S. Rep. No. 116–105, at 14.
6
17 U.S.C. 1506(a)(1).
7
86 FR 16156 (Mar. 26, 2021).
8
86 FR 49273 (Sept. 2, 2021), 86 FR 53897 (Sept.
29, 2021), and 86 FR 69890 (Dec. 8, 2021).
9
86 FR 46119 (Aug. 18, 2021).
10
17 U.S.C. 1506(d)(2).
11
H.R. Rep. No. 116–252, at 17.
12
Ilana Kowarski, How to Gauge the Strength of
Law School Clinics, U.S. News & World Report
(Apr. 12, 2018), https://www.usnews.com/
education/best-graduate-schools/top-law-schools/
articles/2018-04-12/how-to-gauge-the-strength-of-
law-school-clinics (‘‘[A] law school clinic will often
perform significant public service projects, such as
representing indigent legal clients who cannot
afford to pay for legal representation.’’).
13
Copyright Alliance, Am. Photographic Artists,
Am. Soc’y for Collective Rights Licensing, Am.
Soc’y of Media Photographers, The Authors Guild,
CreativeFuture, Digital Media Licensing Ass’n,
Graphic Artists Guild, Indep. Book Pubs. Ass’n,
Music Creators N. Am., Nat’l Music Council of the
United States, Nat’l Press Photographers Ass’n, N.
Am. Nature Photography Ass’n, Prof. Photographers
of Am., Recording Academy, Screen Actors Guild-
Am. Fed. of Television and Radio Artists, Soc’y of
Composers & Lyricists, Songwriters Guild of Am. &
Songwriters of N. Am. Initial NOI Comments at 43–
45.
14
Id.
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201, 232, and 234
[Docket No. 2021–9]
Copyright Claims Board:
Representation by Law Students and
of Business Entities
AGENCY
: U.S. Copyright Office, Library
of Congress.
ACTION
: Notice of proposed rulemaking.
SUMMARY
: The U.S. Copyright Office is
issuing a notice of proposed rulemaking
to establish procedures governing the
appearance of law student
representatives and employees of
business entities in proceedings before
the Copyright Claims Board.
DATES
: Initial written comments must be
received no later than 11:59 p.m. EDT
on February 3, 2022. Written reply
comments must be received no later
than 11:59 p.m. EDT on February 18,
2022.
ADDRESSES
: For reasons of Government
efficiency, the Copyright Office is using
the Regulations.gov system for the
submission and posting of public
comments in this proceeding. All
comments are therefore to be submitted
electronically through regulations.gov.
Specific instructions for submitting
comments are available on the
Copyright Office website at http://
copyright.gov/rulemaking/case-act-
implementation/representation/. If
electronic submission of comments is
not feasible due to lack of access to a
computer or the internet, please contact
the Office using the contact information
below for special instructions.
FOR FURTHER INFORMATION CONTACT
:
Megan Efthimiadis, Assistant to the
General Counsel, by email at meft@
copyright.gov, or by telephone at 202–
707–8350.
SUPPLEMENTARY INFORMATION
:
I. Background
On December 27, 2020, the President
signed into law the Copyright
Alternative in Small-Claims
Enforcement (‘‘CASE’’) Act of 2020.
1
The CASE Act directs the Copyright
Office to establish the Copyright Claims
Board (‘‘CCB’’), an alternative forum to
federal court in which parties may seek
resolution of copyright disputes that are
capped at a lower economic value.
2
The
CCB has authority to hear copyright
infringement claims, claims seeking a
declaration of non-infringement, and
misrepresentation claims under section
512(f) of title 17.
3
Participation in the
CCB is voluntary for all parties,
4
and all
determinations are non-precedential.
5
The CASE Act directs the Register of
Copyrights to establish the regulations
by which the CCB will conduct its
proceedings, subject to the provisions of
chapter 15 and relevant principles of
law under title 17.
6
The Office has
issued a notification of inquiry
(‘‘NOI’’),
7
three notices of proposed
rulemaking (‘‘NPRMs’’),
8
and one final
rule
9
related to CCB procedures. In this
notice of proposed rulemaking, the
Office proposes procedures governing
qualified law students who represent
parties in CCB proceedings and
procedures governing representation of
corporations, limited liability
companies, partnerships, sole
proprietorships, or other unincorporated
associations (collectively, ‘‘business
entities’’).
II. Proposed Rule
Under the CASE Act, a party before
the CCB may be represented by ‘‘a law
student who is qualified under
applicable law governing representation
by law students of parties in legal
proceedings and who provides such
representation on a pro bono basis.’’
10
Consistent with Congress’s directive to
develop a system that is accessible to
‘‘those with little prior formal exposure
to copyright laws,’’
11
the Office is
committed to facilitating law student
representation through law school
clinics, which play an important role in
providing expanded legal access to often
underserved members of the public.
12
In response to the NOI, one group of
commenters suggested that the Office
adopt regulations establishing standards
for law student representation, such as
enrollment in good standing at an
American Bar Association (‘‘ABA’’)-
certified law school, participation in a
law school clinic focused on copyright,
and supervision by an attorney who
takes responsibility for the student’s
work.
13
The comments also suggested
that the Office maintain a public
database of participating law school
clinics and include a summary of the
law student representation program’s
activities as part of the Register’s annual
report to Congress.
14
The Office has
considered these suggestions as set forth
below.
To assess the ‘‘applicable law’’ that
would govern any law students
appearing before the CCB, the Office
surveyed regulations pertaining to law
student representation in several
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15
Cal. R. Ct., R. 9.42(c)(1); Ill. Sup. Ct. R.
711(a)(2); Tenn. Sup. Ct. R. 7, sec. 10.03(c)–(d); D.C.
Ct. App. R. 48(b)(1); Md. R. 19–220(a)(1), (b)(1); Va.
Sup. Ct. R. pt. 6, sec. IV, 15(b)(i)(a).
16
Cal. R. Ct., R. 9.42(c)(1) (one full year); N.Y.
Comp. Codes R. & Regs. tit. 22, sec. 805.5(f) (2017)
(two semesters); Ill. Sup. Ct. R. 711(a)(1) (one-half
of the total hourly credits required for graduation);
Tenn. Sup. Ct. R. 10.03(d)(1) (one-half of the
required curriculum for graduation); D.C. Ct. App.
R. 48(b)(2) (one-third of legal studies); Md. R. 19–
220(c)(1) (one-third of the total credit hours
required to complete the law school program); Va.
Sup. Ct. R. pt. 6, sec. IV, 15(b)(ii)(a) (four
semesters).
17
Cal. R. Ct., R. 9.42(c)(3) (evidence and civil
procedure); Va. Sup. Ct. R. pt. 6, sec. IV, 15(b)(iii)
(criminal law, professional ethics, evidence, and
procedure).
18
N.Y. Comp. Codes R. & Regs. tit. 22, sec.
805.5(c) (2017); Ill. Sup. Ct. R. 711(c); D.C. Ct. App.
R. 48(a)(1); Va. Sup. Ct. R. pt. 6, sec. IV, 15(a)(iii).
19
Ill. Sup. Ct. R. 711(e); Tenn. Sup. Ct. R. 7, sec.
10.03(d); D.C. Ct. App. R. 48(b)(3); Md. R. 19–
220(c); Va. Sup. Ct. R. pt. 6, sec. IV, 15(b)(iii).
20
Cal. R. Ct., R. 9.42(a)(2); N.Y. Comp. Codes R.
& Regs. tit. 22, sec. 805.5(e) (2017); Ill. Sup. Ct. R.
711(c); Tenn. Sup. Ct. R. 7, sec. 10.03(h)(3)(A); D.C.
Ct. App. R. 48(e)(4); Md. R. 19–220(a)(4); Va. Sup.
Ct. R. pt. 6, sec. IV, 15(d)(i).
21
Cal. Rules of State Bar R. 3.6(B)(3); N.Y. Comp.
Codes R. & Regs. tit. 22, sec. 805.5(e) (2017); Tenn.
Sup. Ct. R. 7, sec. 10.03(h)(3)(C); D.C. Ct. App. R.
48(e)(2); Md. R. 19–220(d); Va. Sup. Ct. R. pt. 6, sec.
IV, 15(d)(ii).
22
Cal. Rules of State Bar R. 3.6(B)(5); N.Y. Comp.
Codes R. & Regs. tit. 22, sec. 805.5(e) (2017); Tenn.
Sup. Ct. R. 7, sec. 10.03(g)(2), (h)(3)(C); D.C. Ct.
App. R. 48(e)(3); Md. R. 19–220(d); Va. Sup. Ct. R.
pt. 6, sec. IV, 15(d)(iii).
23
For example, the proposed rule requires that
the name of the supervising attorney appear on all
documents signed by the law student
representative, while some jurisdictions require that
the supervising attorney sign all documents. See,
e.g., Cal. Rules of State Bar R. 3.6(B)(5); Ill. Sup. Ct.
R. 711(c)(2)(ii), (v); Tenn. Sup. Ct. R. 7, sec.
10.03(g)(2); D.C. Ct. App. R. 48(d)(2). The proposed
rule also only requires the supervising attorney to
accompany the law student representative to
hearings on the merits, barring leave, and does not
require the supervising attorney to accompany the
law student representative to conferences, though
some jurisdictions require the supervising attorney
to accompany the law student representative to a
broader range of appearances before a tribunal. See,
e.g., Cal. R. Ct., R. 9.42(d)(2), (3) (requiring
supervising attorney’s presence at depositions and
hearings); N.Y. Comp. Codes R. & Regs. tit. 22, sec.
805.5(b)(2), (3), (5), (6) (2017) (requiring supervising
attorney’s presence at appearances pertaining to
criminal matters and to family and other contested
civil actions); Tenn. Sup. Ct. R. 7, sec. 10.03(h)(2)
(requiring supervising attorney’s presence at
administrative and adjudicatory proceedings); D.C.
Ct. App. R. 48(d)(1), (3) (requiring supervising
attorney’s presence at appearances before tribunals
and at oral arguments, except that the eligible
student may appear before the tribunal without the
supervising attorney’s presence if the matter is not
contested and with the tribunal’s consent); Va. Sup.
Ct. R. pt. 6, sec. IV, 15(a)(i) (requiring supervising
attorney’s presence at appearance before courts or
administrative tribunals).
24
Model Rules of Prof’l Conduct R. 1.1 (Am. Bar
Ass’n 1983) (‘‘Competent representation requires
the legal knowledge, skill, thoroughness and
preparation reasonably necessary for the
representation [of a client].’’).
jurisdictions that handle a large volume
of copyright claims or are
geographically close to the Office.
Common eligibility requirements for
students include enrollment at an ABA-
accredited law school,
15
completion of a
minimum period of legal studies,
16
completion of relevant coursework,
17
the party’s written consent to the
student’s representation,
18
and
certification by the student’s law school
dean.
19
These jurisdictions also require
supervision by an attorney, who must be
a member of the bar
20
and generally
must assume professional responsibility
for the student’s activity,
21
which
includes assistance with and approval
of the student’s work.
22
The Office
believes that some of the provisions
discussed above provide appropriate
guidance and, as discussed in more
detail below, has incorporated many of
these requirements into the proposed
rule. To make law clinic representation
widely available to parties before the
CCB, some of the requirements in the
proposed rule are slightly more lenient
than those imposed by some of the
surveyed states.
23
However, under the
proposed rule, law students still must
meet the requirements imposed by the
state in which they are certified, if such
requirements exceed those established
by the proposed rule.
Accordingly, the Office proposes to
create a structure for law student
representation that encourages both
participation by law school clinics and
transparency. The proposed rule
addresses the threshold eligibility
requirements for law students to appear
before the CCB; the expectations for
practice by law students and their
supervising attorneys while
participating in CCB proceedings; and
the creation of a public directory of
clinics that are available to accept
clients appearing before the CCB.
A. Law Student Representation
Eligibility Requirements
The proposed rule permits
representation by qualified law students
affiliated with qualifying law school
clinics. It incorporates the requirements
for law student representation provided
by the law of the jurisdiction that
certifies the student to practice in
connection with a law school clinic.
The law student also must meet an
appropriate standard of competence,
24
by completing the first year of law
school study and receiving formal
training in either CCB procedures or
copyright law. Law student
representation before the CCB must be
on a pro bono basis.
The proposed rule also sets forth
additional requirements for the law
student representative and supervising
attorneys during the course of
representation before the CCB. Many of
these provisions are based on the
findings of the state law survey,
including that clients must consent in
writing to the law student’s
representation and that law student
representatives must be supervised by
an attorney. Under the proposed rule,
supervising attorneys are responsible for
confirming law student representatives’
eligibility under applicable law and
CCB regulations. Supervising attorneys
are also responsible for overall case
management, including ensuring that
there is continuity of representation in
any active proceedings during law
school term transitions.
The proposed rule requires that both
the law student representative and the
supervising attorney file notices of
appearance in the case (and notices of
withdrawal, including if the identity of
either the law student representative or
the supervising attorney changes during
the course of a proceeding). Law student
representatives may not file documents
with the CCB without the supervising
attorney’s knowledge, and the
supervising attorney must maintain an
account in the CCB’s electronic file
management system to track the law
student representative’s filings. Any
document signed by the law student
representative must include the name of
the supervising attorney, and the
supervising attorney must accompany
the law student representative to
hearings on the merits, unless the CCB
grants leave for the law student
representative to appear without the
supervising attorney. The proposed rule
does not require the supervising
attorney to accompany the law student
representative to conferences.
Under the proposed rule, both
supervising attorneys and law student
representatives are bound by the CCB’s
standards of conduct governing parties
and their representatives. The
supervising attorney has responsibility
for the law student representative’s
actions, and the CCB may hold the
supervising attorney responsible for the
law student representative’s activity.
The Office invites comments on
whether the proposed regulations strike
a proper balance between ensuring that
law student representatives are properly
qualified and supervised and
minimizing burdens on supervising
attorneys or clinics, which could
diminish the availability of clinical
representation for parties in CCB
proceedings. The Office is particularly
interested in any comments concerning
whether a law student should have a
minimum amount of formal training in
copyright law or in appearing before the
CCB; whether supervising attorneys
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25
17 U.S.C. 1506(d) (noting that parties may be
represented, but representation is not required); see
H.R. Rep. No. 116–252, at 17 (‘‘Parties may appear
pro se.’’); S. Rep. No. 116–105 at 4 (noting that
‘‘parties may wish to proceed pro se’’).
26
S. Rep. No. 116–105 at 4.
27
See generally U.S. Patent and Trademark
Office, Law School Application Packet 2020–2022
Expansion, https://www.uspto.gov/sites/default/
files/documents/2020-2022-Law_School_
Application_Packet-May-2021.pdf (‘‘USPTO
Application’’) (last visited Dec. 10, 2021).
28
U.S. Patent and Trademark Office, USPTO Law
School Clinic Certification Program, https://
www.uspto.gov/sites/default/files/documents/
USPTO_Law_School_Clinic_Certification_Program_
Participating_School_Map-Oct2020.pdf (last visited
Dec. 10, 2021).
29
U.S. Patent and Trademark Office, Law School
Clinic Certification Program, https://
www.uspto.gov/learning-and-resources/ip-policy/
public-information-about-practitioners/law-school-
clinic-1 (identifying five staff attorneys assigned to
the Law School Clinic Program) (last visited Dec.
10, 2021).
30
See, e.g., USPTO Application at 22–25
(requesting information about experience handling
trademark and patent matters and requiring law
school clinics and supervising attorneys to
undertake various responsibilities regarding the law
students they supervise).
31
Rowland v. California Men’s Colony, Unit II
Men’s Advisory Council, 506 U.S. 194, 201–02
(1993) (‘‘It has been the law for the better part of
two centuries, for example, that a corporation may
appear in the federal courts only through licensed
counsel.’’).
32
D.C. Sup. Ct. Small Cl. R. 9(b); D.C. Ct. App.
R. 49(c)(11).
33
Va. Code Ann. 16.1–122.4 (2021). An attorney
may represent a corporate or partnership plaintiff
or defendant, but only if they are appearing pro se
and not in a representative capacity. Id. at 16.1–
122.4(A)(1).
34
Id. at 16.1–81.1; see id. at 16.1–88.3 (generally
prohibiting non-attorneys from litigating cases in
Virginia courts).
should be required to appear at hearings
on the merits; whether the supervising
attorney’s appearance should also be
required at conferences; and whether
documents submitted to the CCB must
be signed by both the supervising
attorney and the law student
representative.
B. Law School Clinic Directory
The proposed rule provides for the
creation of a public directory of law
school clinics actively accepting clients
for CCB representation. The Office
anticipates that there will be a large
number of pro se (i.e., self-represented)
participants in CCB proceedings who
are appearing before an adjudicatory
body for the first time. While the goal
of the CCB is to provide streamlined,
easy-to-understand proceedings, such
that parties may appear without an
attorney,
25
the Office wants to ensure
that participants have as much access to
available resources and legal support as
possible. To that end, the proposed rule
provides the opportunity for law school
clinics to self-identify when they are
available to represent clients before the
CCB. The directory will include contact
information for, and the geographic
availability of, the clinic; the nature of
the clinic’s experience with copyright
and litigation matters; and a description
of the clinic’s interest in handling CCB
matters. Requiring this information for
directory inclusion is intended to
provide participants the means of
making an informed decision regarding
possible law student representation. The
Office will make this information
publicly available on the condition that
the clinic certifies that its students are
eligible to practice before the CCB and
provides the required information to
assist a participant in evaluating
whether representation is available and
appropriate. Clinics will have a duty to
keep their information up to date, and
a listing may be removed at the CCB’s
discretion.
The CASE Act’s legislative history
suggests that the Office look to the U.S.
Patent and Trademark Office’s Law
School Clinic Certification Program
(‘‘USPTO Program’’) when considering
how to encourage law student
representation before the CCB.
26
The
USPTO Program consists of a complex
multi-year process that requires an
application by an interested law school
clinic, review and acceptance into the
program, USPTO monitoring over a
training year, and reporting and renewal
requirements.
27
The USPTO Program
has grown since it was established in
2008, and now over sixty clinics in
approximately thirty states are certified
to have law students appear before the
USPTO.
28
The program is run by five
designated legal staff members within
the USPTO’s Office of Enrollment and
Discipline.
29
The majority of the clinics
in the USPTO Program represent
applicants seeking patent or trademark
registrations, and not parties involved in
proceedings before the Patent Trial and
Appeal Board or Trademark Trial and
Appeal Board. Given the fact that
practice before the CCB does not require
the same type of technical expertise, the
Office has adopted those aspects of the
USPTO Program that are appropriate for
the CCB. In light of the CCB’s overall
obligations in commencing operations,
the Office has proposed a program
which is feasible in light of its currently
available resources. In the interest of
making pro bono resources widely
known and easily accessible, the Office
proposes gathering information similar
to information acquired through the
USPTO Program
30
and making it
publicly available for participants to
review and assess. The Office believes
that the proposed requirements would
allow new clinics located in areas where
there are fewer legal resources to
participate in the CCB’s program, and
would allow clinics to be available to
represent clients soon after the start of
CCB operations. The rule proposed by
the Office requires law school clinic
directors to certify that the clinic meets
all legal obligations under applicable
state law prior to inclusion in the public
directory. The Office believes that the
training in copyright law or practice
before the CCB that is required in the
regulations will be most valuable to the
participating law students. After the
CCB has become further established, the
Office will reconsider whether more
robust requirements should be imposed
for law clinic certification.
The Office seeks comments on
whether the directory as proposed is
sufficient to allow participants to make
an informed decision regarding whether
and where to seek clinic representation.
The Office also seeks comments
regarding appropriate outreach
strategies for encouraging law school
clinic participation.
C. Representation of Business Entities
Finally, the proposed rule addresses
the issue of who will be authorized to
represent business entities, which
include corporations, limited liability
companies, partnerships, and sole
proprietorships, before the CCB, and
what kind of representation is required.
Longstanding practice in federal court
requires that a business entities appear
with representation of counsel.
31
Other
jurisdictions, however, provide greater
flexibility, particularly in the small
claims context. In the Small Claims and
Conciliation Branch of the Civil
Division of the Superior Court of the
District of Columbia, for instance, a
corporation may appear as a plaintiff
only when represented by counsel, but
as a defendant, it may be represented by
an authorized officer, director, or
employee.
32
In Virginia small claims
court, a corporation or partnership may
be represented by an officer or an
employee of that entity. In fact, it may
be represented by an attorney only
when the attorney is entering an
appearance to remove a case to general
district court.
33
In contrast, when
appearing in a Virginia general district
court, a corporation must be represented
by an attorney, unless the amount in
controversy is $2500 or less, the party
is a private corporation whose stock is
held by no more than five persons, and
all stockholders consent to an officer
providing representation.
34
In
Maryland, an officer, designated
employee, partner, or member of a
limited liability company may appear
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Md. Code Ann., Bus. Occ. & Prof. 10–206(b)(4)
(2021).
on behalf of the entity in the District
Court of Maryland, so long as the action
is a small claims action and is not based
on an assignment to the entity of the
claim of another.
35
Given the small claims nature of the
CCB and the interest in facilitating
participation before it, the proposed rule
resembles the practices in some state
small claims courts rather than the
federal system. A business entity may be
represented by an attorney, fiduciary, or
authorized employee in a CCB
proceeding. Representatives must certify
that they are authorized to represent and
bind the entity; if the representative is
an employee, the employee must also
submit written proof of that
authorization. The Office welcomes
comments on this proposed framework.
List of Subjects
37 CFR Part 201
Copyright, General provisions.
37 CFR Part 232 and 234
Claims, Copyright.
Proposed Regulations
For the reasons stated in the
preamble, the U.S. Copyright Office
proposes to amend Chapter II,
Subchapters A and B, of title 37 Code
of Federal Regulations, as proposed to
be amended at 86 FR 69890 (December
8, 2021), as follows:
SUBCHAPTER A—COPYRIGHT OFFICE
AND PROCEDURES
PART 201—GENERAL PROVISIONS
1. The authority citation for part 201
continues to read as follows:
Authority: 17 U.S.C. 702.
Section 201.10 also issued under 17 U.S.C.
304.
2. In § 201.2, revise paragraph (a)(2) to
read as follows:
§ 201.2 Information given by the Copyright
Office.
(a) * * *
(2) The Copyright Office does not
furnish the names of copyright
attorneys, publishers, agents, or other
similar information to the public, except
that it may provide a directory of pro
bono representation available to
participants in proceedings before the
Copyright Claims Board.
* * * * *
SUBCHAPTER B—COPYRIGHT CLAIMS
BOARD AND PROCEDURES
PART 232—CONDUCT OF PARTIES
3. The authority citation for part 232
continues to read as follows:
Authority: 17 U.S.C. 702, 1510.
4. Add § 232.6 to read as follows:
* * * * *
§ 232.6 Representation of business
entities.
(a) Definition. For the purpose of this
section, a business entity is a
corporation, limited liability company,
partnership, sole proprietorship, or
unincorporated association.
(b) Appearance of a business entity. A
business entity may appear before the
Copyright Claims Board (‘‘Board’’)
through: (1) A member in good standing
of the bar of the highest court of a State,
the District of Columbia, or any territory
or commonwealth of the United States;
(2) A law student who meets the
requirements set forth in 37 CFR 234.1;
(3) An owner, partner, officer, or
member of the business entity; or
(4) An authorized employee.
(c) Certification. Someone appearing
before the Board to represent a business
entity pursuant to paragraphs (b)(3) or
(4) of this section shall certify that they
are an authorized agent of the business
entity and may bind that entity in
matters pending before the Board. If the
representative qualifies only as an
authorized employee under paragraph
(b)(4) of this section, then within 30
days of the authorized employee’s
initial appearance, the representative
also must submit written authorization,
signed by an owner, partner, officer, or
member of the business entity under
penalty of perjury, stating that the
representative may bind that entity on
matters pending before the Board.
(d) Subject to standards of
professional conduct. Representatives of
business entities who appear pursuant
to paragraphs (b)(3) or (4) of this section
are equally subject to the standards of
conduct set forth in 37 CFR 232.1 as any
other party representative.
5. Part 234 is added to read as follows:
PART 234—LAW STUDENT
REPRESENTATIVES
Sec.
234.1 Law student representatives.
234.2 Law school clinic directory.
Authority: 17 U.S.C. 702, 1510.
§ 234.1 Law student representatives.
(a) Eligibility for appearance. (1) State
law compliance. Any law student who
is affiliated with a law school clinic, is
qualified under applicable laws
governing representation by law
students of parties in legal proceedings,
and meets the other requirements of this
paragraph may appear before the
Copyright Claims Board (‘‘Board’’).
Applicable law is the law of the
jurisdiction that certifies the student to
practice law in conjunction with a law
school clinic.
(2) Pro bono representation. Any law
student who appears before the Board
must provide representation on a pro
bono basis.
(3) Competency. Law student
representatives must meet a standard of
competency. For the purpose of
appearances before the Board,
competency includes successful
completion of:
(i) The first year of studies at an
American Bar Association-accredited
law school; and
(ii) A copyright law course, formal
copyright law training, or formal
training in Board procedures.
(b) Client consent. The law student
representative shall have the written
consent of the client for the law student
to appear on that client’s behalf.
(c) Attorney supervision. A law
student who represents a party in a
proceeding before the Board shall be
supervised by an attorney who is
qualified under applicable law
governing representation by law
students, as specified in paragraph (a) of
this section. In supervising the law
student, the attorney shall adhere to the
requirements of 37 CFR 232.5.
(d) Confirmation of eligibility. In
accordance with the standards of
professional conduct set forth in
paragraph (j) of this section, the attorney
supervising the work of the law student
representative is responsible for
confirming the law student’s eligibility
to appear before the Board as set forth
in paragraph (a) of this section.
(e) Identification of supervising
attorney in documents. The name of the
supervising attorney shall appear on all
documents signed by the law student
representative.
(f) Notice of appearance. In any
proceeding in which a law student
represents a party, a notice of
appearance shall be filed pursuant to 37
CFR 232.5(a) identifying both the law
student representative and the
supervising attorney.
(g) Filing documents. All filings by a
law student representative shall be
made with the knowledge of the
supervising attorney, who shall
maintain an association with the law
student representative in the electronic
filing system. The supervising attorney
shall maintain their own account, in
addition to the law student’s account, in
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74398
Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Proposed Rules
the electronic filing system to track law
student filings. A notice of withdrawal
shall be filed whenever the identity of
a law student representative or a
supervising attorney has changed.
(h) Appearance at hearings. The
supervising attorney shall accompany
the law student representative to
hearings held in accordance with 37
CFR 222.15, absent leave of the Board
for the law student to appear without
the presence of the supervising attorney.
(i) Responsibility for continuity of
case management. The supervising
attorney shall be responsible for all
aspects of case management, including
appearances and withdrawals, as well as
continuity of representation during law
school term transitions.
(j) Applicability of rules of
professional conduct. Law student
representatives are equally subject to the
standards of conduct set forth in 37 CFR
232.5 as any other attorney
representatives. The supervising
attorney has professional responsibility
for the actions of the law student
representative. The Board may hold
supervisory attorneys responsible for
law student representative activity.
§ 234.2 Law school clinic directory.
(a) Publicly available directory. The
Board shall make a directory available
on its website of law school clinics that
have advised the Board that they are
available, on a pro bono basis, to
represent clients in proceedings before
the Board.
(b) Form for inclusion. To be included
in the public directory, the law school
clinic director shall submit a form
providing the following information for
public dissemination:
(1) The name of the participating law
school;
(2) The name of the participating
clinic;
(3) The name of the director of the
clinic;
(4) A general contact email address
and phone number;
(5) The geographic area from which
the clinic may accept clients;
(6) Whether the clinic has handled
copyright matters in the past two years;
(7) The nature of any copyright
matters handled by the clinic in the past
two years;
(8) Whether the clinic has experience
in handling litigation matters;
(9) If the clinic does not have
litigation experience, whether the clinic
has a partnership with a litigation
clinic;
(10) A brief statement describing the
clinic’s interest in handling matters
before the Board; and
(11) A certification that student
representatives participating in the
clinic will meet all requirements of 37
CFR 234.1(a).
(c) Standards for inclusion. Subject to
paragraph (d) of this section, the Board
will accept for inclusion in the public
directory any law school clinic that
certifies that its law student
representatives will meet all
requirements of 37 CFR 234.1(a) and
provides sufficient information
pursuant to paragraph (b) of this section
for participants in Board proceedings to
evaluate whether representation is
available and appropriate.
(d) Removal from directory. The
Board may, in its discretion, remove a
clinic from the directory if it determines
that the clinic is not suitable for
representing clients before the Board,
including, without limitation, if it
determines that the clinic has failed to
properly update its information in the
public directory.
(e) Duty to update directory.
Participating clinics have a duty to
maintain current information in the
directory and shall confirm the currency
of the information on an annual basis.
Dated: December 22, 2021.
Kimberley Isbell,
Acting General Counsel and Associate
Register of Copyrights.
[FR Doc. 2021–28154 Filed 12–29–21; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 87, 1030, and 1031
[EPA–HQ–OAR–2019–0660; FRL–9354–01
OAR]
RIN 2060–AU69
Public Hearing for Control of Air
Pollution From Aircraft Engines:
Emission Standards and Test
Procedures
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Proposed rule; public hearing.
SUMMARY
: The Environmental Protection
Agency (EPA) is announcing a virtual
public hearing to be held on January 20,
2022, on its proposed rulemaking for
particulate matter (PM) emission
standards for aircraft engines, which
was signed on December 17, 2021.
DATES
: EPA will hold a virtual public
hearing on January 20, 2022. The
hearing will begin at 10 a.m. Eastern
Time (ET) and end when all parties who
wish to speak have had an opportunity
to do so. Please refer to the
SUPPLEMENTARY INFORMATION
section for
additional information on the public
hearing.
ADDRESSES
: The public hearing will be
held virtually. Additional information
regarding the hearing appears below
under the
SUPPLEMENTARY INFORMATION
.
FOR FURTHER INFORMATION CONTACT
:
Bryan Manning, Office of
Transportation and Air Quality,
Assessment and Standards Division,
Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI
48105; telephone number: 734–214–
4832; email address: manning.bryan@
epa.gov.
SUPPLEMENTARY INFORMATION
: The
Environmental Protection Agency (EPA)
is proposing PM emission standards and
test procedures applicable to certain
classes of engines used by civil subsonic
jet airplanes (those engines with rated
output of greater than 26.7 kilonewtons
(kN)). These proposed standards and
test procedures are equivalent to the
aircraft engine standards adopted by the
United Nations’ International Civil
Aviation Organization (ICAO) in 2017
and 2020. The proposed rulemaking was
signed on December 17, 2021, and it
will be published separately in the
Federal Register. The pre-publication
version is available at https://
www.epa.gov/regulations-emissions-
vehicles-and-engines/proposed-rule-
control-air-pollution-aircraft-engines.
Participation in virtual public
hearing. Please note that EPA is
deviating from its typical approach
because the President has declared a
national emergency. Because of current
recommendations from the Centers for
Disease Control and Prevention (CDC),
as well as state and local orders for
social distancing to limit the spread of
COVID–19, EPA cannot hold in-person
public meetings at this time.
EPA is also asking all hearing
attendees to register for the hearing,
even those who do not intend to provide
testimony, by January 18, 2022.
Information on how to register for the
hearing can be found at https://
www.epa.gov/regulations-emissions-
vehicles-and-engines/proposed-rule-
control-air-pollution-aircraft-engines.
For those without internet access,
contact the person listed in the
FOR
FURTHER INFORMATION CONTACT
section to
register.
The last day to pre-register to speak at
the hearing will be January 18, 2022.
The virtual public hearing will provide
interested parties the opportunity to
present data, views, or arguments
concerning the proposal (the official
version of which was signed on
December 17, 2021 and a copy of which
is available at https://www.epa.gov/
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