{"data":{"id":"us/37-cfr-220.1","jurisdiction":"us","citation":"37 CFR 220.1","heading":"Definitions.","body":"For purposes of this subchapter:\n(a) Active proceeding denotes a claim in which the claimant has filed proof of service and the respondent has not, within the sixty day opt-out period, submitted an opt-out notice to the Copyright Claims Board (Board).\n(b) Authorized representative means a person, other than legal counsel, who is authorized under this subchapter to represent a party before the Board.\n(c) Bad-faith conduct occurs when a party pursues a claim, counterclaim, or defense for a harassing or other improper purpose, or without a reasonable basis in law or fact. Such conduct includes any actions taken in support of a claim, counterclaim, or defense and may occur at any point during a proceeding before the Board, including before a proceeding becomes an active proceeding.\n(d) Default determination is a final determination issued as part of the default procedures set forth in 17 U.S.C. 1506(u) when the respondent does not participate in those procedures.\n(e) Final determination is a decision that concludes an active proceeding before the Board and is binding only on the participating parties. A final determination generally assesses the merits of the claims in the proceeding, except when issued to dismiss a claimant's claims for failure to prosecute.\n(f) Initial notice means the notice described in 17 U.S.C. 1506(g) that is served on a respondent in a Board proceeding along with the claim.\n(g) Second notice means the notice of a proceeding sent by the Board as described in 17 U.S.C. 1506(h).\n(h) Standard interrogatories are written questions provided by the Board that a party in an active proceeding must answer as part of discovery.\n(i) Standard requests for the production of documents are written requests provided by the Board requiring a party to provide documents, other information, or tangible evidence as part of discovery in an active proceeding.","path":["Title 37—Patents, Trademarks, and Copyrights","CHAPTER II—U.S. COPYRIGHT OFFICE, LIBRARY OF CONGRESS","SUBCHAPTER B—COPYRIGHT CLAIMS BOARD AND PROCEDURES","PART 220—GENERAL PROVISIONS"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-37.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:45Z","sha256":"f4c6f253a8f747f40ac6824477d0b3f5f87619b412a78ae0c95895206ee160fd","source_id":"us-cfr","stale":true,"prev":"us/37-cfr-212.8","next":"us/37-cfr-220.2"},"notice":"GroundRules: Original legal text. Not legal advice."}
