Procedural Regulations of the Copyright Royalty Board Regarding Electronic Filing System (eCRB)
| Published date | 28 December 2020 |
| Citation | 85 FR 84279 |
| Record Number | 2020-27941 |
| Section | Proposed rules |
| Court | Copyright Royalty Board,Library Of Congress |
Federal Register, Volume 85 Issue 248 (Monday, December 28, 2020)
[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Proposed Rules]
[Pages 84279-84281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27941]
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 303
[Docket No. 20-CRB-0013-RM]
Procedural Regulations of the Copyright Royalty Board Regarding
Electronic Filing System (eCRB)
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Proposed rule.
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SUMMARY: The Copyright Royalty Judges propose to amend regulations
governing the electronic filing of documents through the Copyright
Royalty Board's electronic filing system (eCRB) to permit attorney
designees with approved eCRB user accounts to file on behalf of
attorneys. The Judges solicit comments on the proposed amendments.
DATES: Comments are due no later than January 27, 2021.
ADDRESSES: You may send comments, identified by docket number 20-CRB-
0013-RM, online through eCRB at https://app.crb.gov.
Instructions: All submissions received must include the Copyright
Royalty Board name and the docket number for this proposed rule. All
comments received will be posted without change to eCRB at https://app.crb.gov, including any personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to eCRB at https://app.crb.gov and perform a case
search for docket 20-CRB-0013-RM.
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
at 202-707-7658 or [email protected].
SUPPLEMENTARY INFORMATION: In 2017, the Copyright Royalty Board (CRB)
codified the process for filing documents through its electronic filing
system (eCRB) in a set of rules,
[[Page 84280]]
including what is currently Rule 303.5 (37 CFR 303.5).\1\ Rule 303.5(c)
lists three categories of people who may obtain eCRB passwords that
will authorize them to electronically file documents: (1) Attorneys,
(2) pro se parties, and (3) claimants. 37 CFR 303.5(c). The Copyright
Royalty Judges (Judges) recognized a fourth category of people who
might file documents using an attorney's password, namely, an
authorized employee or agent of an attorney's law office or
organization that would file on the attorney's behalf. See 37 CFR
303.5(d). The Judges refer to this fourth category of filers as an
``attorney designee.''
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\1\ The rules establishing eCRB were adopted in 2017. Certain of
those rules have subsequently been amended and renumbered. See 82 FR
18563 (Apr. 20, 2017) and 84 FR 32296 (July 8, 2019).
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Although the Judges understand and expect that attorneys may not
typically personally file the electronic documents that they submit to
the CRB, the Judges believe that it is necessary to expressly authorize
such practice and to set forth the obligations of attorneys and their
designees for the documents that the designees file. eCRB will soon
implement multifactor authentication at login which will make the
current practice of a designee using an attorney's password
impractical. The Judges thus propose adding to Rule 303.5(c) a fourth
category of filer that would be required to obtain an eCRB password:
Attorney designee. An attorney designee would be defined as ``a person
authorized to file documents on behalf of an attorney.''
Under the proposal, an attorney designee would be required to
register for an eCRB user account and create a password in order to
file documents on an attorney's behalf. The attorney designee's user
account would be activated upon approval by the CRB of the attorney
designee's completed online registration form. The designating attorney
would then authorize the attorney designee using a new function in
eCRB. The designating attorney would be responsible for all documents
filed on his or her behalf using the attorney designee's password,
which would serve as the designating attorney's signature.
The Judges also propose a number of non-substantive changes to Rule
303.5 to account for the addition of the attorney designee and
generally to enhance clarity.\2\
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\2\ The proposal to revise the entire section is for ease of
reading, but substantive changes are proposed only to the text of
paragraphs (c), (d), and (e).
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The Judges seek comments on all aspects of the proposal, including
whether or not the proposed new category of filer--attorney designee--
is necessary to clarify the obligations and responsibilities of those
authorized to file documents electronically on behalf of attorneys.
List of Subjects in 37 CFR Part 303
Administrative practice and procedure, Copyright, Lawyers.
Proposed Regulations
For the reasons set forth in the preamble, the Copyright Royalty
Judges propose to amend part 303 of title 37 of the Code of Federal
Regulations as follows:
SUBCHAPTER A--GENERAL PROVISIONS
PART 303--GENERAL ADMINISTRATIVE PROVISIONS
Subchapter A--
0
1. The authority citation for part 303 continues to read as follows:
Authority: 17 U.S.C. 803.
Sec. 303.5 [Amended]
0
2. Amend Sec. 303.5 by revising it to read as follows:
Sec. 303.5 Electronic filing system (eCRB).
(a) Documents to be filed by electronic means. Except as otherwise
provided in this chapter, all attorneys must file documents with the
Copyright Royalty Board through eCRB. Pro se parties may file documents
with the Copyright Royalty Board through eCRB, subject to Sec.
303.4(c)(2).
(b) Official record. The electronic version of a document filed
through and stored in eCRB will be the official record of the Copyright
Royalty Board.
(c) Obtaining an electronic filing password--(1) Attorneys. An
attorney must register for an eCRB account and create an eCRB password
in order to file documents or to receive copies of orders and
determinations of the Copyright Royalty Judges. The attorney's eCRB
account and password will be activated upon approval by the Copyright
Royalty Board of the attorney's completed online application form
available on the eCRB website.
(2) Attorney designees. A person authorized by an attorney to file
documents on behalf of that attorney (an attorney designee) must
register for an eCRB account and create an eCRB password in order to
file documents on the attorney's behalf. The attorney designee's eCRB
account and password will be activated upon approval by the Copyright
Royalty Board of the attorney designee's completed online registration
form available on the eCRB website.
(3) Pro se parties. A party not represented by an attorney (a pro
se party) may register for an eCRB account and create an eCRB password.
The pro se party's eCRB account and password will be activated if the
Copyright Royalty Judges, in their discretion, approve the pro se
party's completed online application form available on the eCRB
website. Once a pro se party's application has been approved, that
party must make all subsequent filings by electronic means through
eCRB.
(4) Claimants. Any person desiring to file a claim with the
Copyright Royalty Board for copyright royalties must register for an
eCRB account and create an eCRB password for the limited purpose of
filing claims by completing the registration form available on the eCRB
website.
(d) Use of an eCRB password. An eCRB password may be used only by
the person to whom it is assigned. The person to whom an eCRB password
is assigned is responsible for any document filed using that password,
except that designating attorneys are responsible for any document
filed on the attorney's behalf by an attorney designee.
(e) Signature. The use of an eCRB password to log in and submit
documents creates an electronic record. The password operates and
serves as the signature of the person to whom the password is assigned
for all purposes under this chapter III, except that the password of an
attorney designee serves as the signature of the designating attorney
on whose behalf the document is filed.
(f) Originals of sworn documents. The electronic filing of a
document that contains a sworn declaration, verification, certificate,
statement, oath, or affidavit certifies that the original signed
document is in the possession of the attorney or pro se party
responsible for the filing and that it is available for review upon
request by a party or by the Copyright Royalty Judges. The filer must
file through eCRB a scanned copy of the signature page of the sworn
document together with the document itself.
(g) Consent to delivery by electronic means. An attorney or pro se
party who obtains an eCRB password consents to electronic delivery of
all documents, subsequent to the petition to participate, that are
filed by electronic means through eCRB. Attorneys and pro se parties
are responsible for monitoring their email accounts and, upon receipt
of notice of an electronic filing, for retrieving the noticed filing.
Parties and their counsel bear the responsibility to keep the contact
information in their eCRB profiles current.
[[Page 84281]]
(h) Accuracy of docket entry. A person filing a document by
electronic means, or, if the filer is an attorney designee, the
designating attorney, is responsible for ensuring the accuracy of the
official docket entry generated by the eCRB system, including proper
identification of the proceeding, the filing party, and the description
of the document. The Copyright Royalty Board will maintain on its
website (www.loc.gov/crb) appropriate guidance regarding naming
protocols for eCRB filers.
(i) Documents subject to a protective order. A person filing a
document by electronic means must ensure, at the time of filing, that
any documents subject to a protective order are identified to the eCRB
system as ``restricted'' documents. This requirement is in addition to
any requirements detailed in the applicable protective order. Failure
to identify documents as ``restricted'' to the eCRB system may result
in inadvertent publication of sensitive, protected material.
(j) Exceptions to requirement of electronic filing--(1) Certain
exhibits or attachments. Parties may file in paper form any exhibits or
attachments that are not in a format that readily permits electronic
filing, such as oversized documents; or are illegible when scanned into
electronic format. Parties filing paper documents or things pursuant to
this paragraph must deliver legible or usable copies of the documents
or things in accordance with Sec. 303.6(a)(2) and must file
electronically a notice of filing that includes a certificate of
delivery.
(2) Pro se parties. A pro se party may file documents in paper form
and must deliver and accept delivery of documents in paper form, unless
the pro se party has obtained an eCRB password.
(k) Privacy requirements. (1) Unless otherwise instructed by the
Copyright Royalty Judges, parties must exclude or redact from all
electronically filed documents, whether designated ``restricted'' or
not:
(i) Social Security numbers. If an individual's Social Security
number must be included in a filed document for evidentiary reasons,
the filer must use only the last four digits of that number.
(ii) Names of minor children. If a minor child must be mentioned in
a document for evidentiary reasons, the filer must use only the
initials of that child.
(iii) Dates of birth. If an individual's date of birth must be
included in a pleading for evidentiary reasons, the filer must use only
the year of birth.
(iv) Financial account numbers. If a financial account number must
be included in a pleading for evidentiary reasons, the filer must use
only the last four digits of the account identifier.
(2) Protection of personally identifiable information. If any
information identified in paragraph (k)(1) of this section must be
included in a filed document, the filing party must treat it as
confidential information subject to the applicable protective order. In
addition, parties may treat as confidential, and subject to the
applicable protective order, other personal information that is not
material to the proceeding.
(l) Incorrectly filed documents. (1) The Copyright Royalty Board
may direct an eCRB filer to re-file a document that has been
incorrectly filed, or to correct an erroneous or inaccurate docket
entry.
(2) If an attorney or a pro se party who has been issued an eCRB
password inadvertently presents a document for filing in paper form,
the Copyright Royalty Board may direct that person to file the document
electronically. The document will be deemed filed on the date it was
first presented for filing if, no later than the next business day
after being so directed by the Copyright Royalty Board, the attorney or
pro se participant files the document electronically. If the filer
fails to make the electronic filing on the next business day, the
document will be deemed filed on the date of the electronic filing.
(m) Technical difficulties. (1) A filer encountering technical
problems with an eCRB filing must immediately notify the Copyright
Royalty Board of the problem either by email, or by telephone, followed
promptly by written confirmation.
(2) If a filer is unable, due to technical problems, to make a
filing with eCRB by an applicable deadline, and makes the notification
required by paragraph (m)(1) of this section, the filer shall use
electronic mail to make the filing with the Copyright Royalty Board and
deliver the filing to the other parties to the proceeding. The filing
shall be considered to have been made at the time it was filed by
electronic mail. The Copyright Royalty Judges may direct the filer to
refile the document through eCRB when the technical problem has been
resolved, but the document shall retain its original filing date.
(3) The inability to complete an electronic filing because of
technical problems arising in the eCRB system may constitute ``good
cause'' (as used in Sec. 303.6(b)(4)) for an order enlarging time or
excusable neglect for the failure to act within the specified time,
provided the filer complies with paragraph (m)(1) of this section. This
section does not provide authority to extend statutory time limits.
Dated: December 15, 2020.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2020-27941 Filed 12-23-20; 8:45 am]
BILLING CODE 1410-72-P
