Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
Public Law 116–260, sec. 212, 134 Stat. 1182,
See, e.g., H.R. Rep. No. 116–252, at 18–20
(2019); S. Rep. No. 116–105, at 7–8 (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). In
developing the CASE Act, Congress drew on model
legislation in the Office’s 2013 policy report,
Copyright Small Claims, https://www.copyright.gov/
(‘‘Copyright Small Claims’’). Congress also
incorporated the Office’s report and supporting
materials into the statute’s legislative history. H.R.
Rep. No. 116–252, at 19; S. Rep. No. 116–105, at
H.R. Rep. No. 116–252, at 17; S. Rep. No. 116–
105, at 2–3, 9.
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
See id. at 1504(a); H.R. Rep. No. 116–252, at 17,
21; S. Rep. No. 116–105, at 3, 11.
H.R. Rep. No. 116–252, at 21–22, 33; S. Rep. No.
116–105, at 14.
See 86 FR 16156 (Mar. 26, 2021).
Public Law 116–260, sec. 212(d), 134 Stat. at
17 U.S.C. 411(a) (‘‘[N]o civil action for
infringement of the copyright in any United States
work shall be instituted until preregistration or
registration of the copyright claim has been made
in accordance with this title’’ or ‘‘the deposit,
application, and fee required for registration have
been delivered to the Copyright Office in proper
form and registration has been refused.’’); Fourth
Estate Pub. Benefit Corp. v. Wall-Street.com, LLC,
139 S. Ct. 881, 886 (2019) (holding that ‘‘registration
occurs, and a copyright claimant may commence an
infringement suit, when the Copyright Office
registers a copyright’’).
17 U.S.C. 412.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS
■1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
■2. Add § 165.T08–0644 to read as
§ 165.T08–0644 Safety Zone; Lower
Mississippi River, Waxhaw, MS; MM 593–
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River from Mile
Marker (MM) 593 through MM 597.
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Lower Mississippi
River (COTP) or the COTP’s designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Lower Mississippi River.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM channel 16
or by telephone at 314–269–2332. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
(c) Enforcement period. This section
will be enforced from August 13, 2021,
through September 15, 2021.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts, as
Dated: August 13, 2021.
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
[FR Doc. 2021–17632 Filed 8–17–21; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
37 CFR Parts 201, 203 and 221
[Docket No. 2021–2]
Copyright Alternative in Small-Claims
Enforcement (‘‘CASE’’) Act
Regulations: Expedited Registration
: U.S. Copyright Office, Library
: Final rule.
: The U.S. Copyright Office is
amending its regulations to establish a
new expedited registration option under
the Copyright Alternative in Small-
Claims Enforcement Act of 2020 and to
provide a technical update to the
Office’s Freedom of Information Act
regulations. To qualify for this
expedited registration option, the
work(s) being registered must be the
subject of a claim or counterclaim before
the Copyright Claims Board.
: Effective September 17, 2021.
FOR FURTHER INFORMATION CONTACT
Kevin R. Amer, Acting General Counsel
and Associate Register of Copyrights, by
email at email@example.com; John R.
Riley, Assistant General Counsel, by
email at firstname.lastname@example.org, or Brad A.
Greenberg, Assistant General Counsel,
by email at email@example.com. Each
can be contacted by telephone at (202)
A. Statutory Framework
On December 27, 2020, the President
signed into law the Copyright
Alternative in Small-Claims
Enforcement (‘‘CASE’’) Act of 2020.
The CASE Act establishes the Copyright
Claims Board (‘‘CCB’’ or ‘‘Board’’), a
voluntary, alternative forum to federal
court for parties to seek resolution of
copyright disputes that have a low
economic value (‘‘small copyright
The creation of the CCB does
not displace or limit the ability to bring
small copyright claims in federal court,
but rather provides a more accessible
The CCB has
authority to hear copyright infringement
claims, claims seeking a declaration of
noninfringement, and misrepresentation
claims under section 512(f) of title 17.
Participation before the CCB is
voluntary for all parties,
determinations are non-precedential.
The Copyright Office is in the process
of standing up the CCB and intends to
promulgate several operational and
Congress directed the
CCB to begin operations by December
27, 2021, though the Register may, for
good cause, extend that deadline by not
more than 180 days.
Consistent with the overall goal of
providing a cost-effective, streamlined
alternative to federal litigation, the
CASE Act includes provisions
addressing the Copyright Act’s
registration prerequisite to filing an
infringement action. In general, the
owner of the copyright in a United
States work may not initiate an
infringement suit until the Office has
issued or refused to issue a copyright
Copyright Act provides that in most
instances, for a copyright owner to
qualify for an award of attorneys’ fees or
statutory damages, the infringed work
must have been registered on or before
the date the infringement commenced,
unless registration is made within three
months after the work’s first
In considering the
challenges facing those involved in
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