---
kind: "section"
citation: "37 C.F.R. § 220.1"
title: "37"
number: "220.1"
heading: "Definitions."
url: "https://uscodex.org/cfr/37/220.1"
---

# §220.1. Definitions.


For purposes of this subchapter:

- (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).
- (b) Authorized representative means a person, other than legal counsel, who is authorized under this subchapter to represent a party before the Board.
- (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.
- (d) **Default determination—** is a final determination issued as part of the default procedures set forth in [17 U.S.C. 1506(u)](/usc/17/1506.md?p=u) when the respondent does not participate in those procedures.
- (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.
- (f) Initial notice means the notice described in [17 U.S.C. 1506(g)](/usc/17/1506.md?p=g) that is served on a respondent in a Board proceeding along with the claim.
- (g) Second notice means the notice of a proceeding sent by the Board as described in [17 U.S.C. 1506(h)](/usc/17/1506.md?p=h).
- (h) **Standard interrogatories—** are written questions provided by the Board that a party in an active proceeding must answer as part of discovery.
- (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.

## Notes

### Authority

Authority: 17 U.S.C. 702, 1510.

### Source

Source: 87 FR 30075, May 17, 2022, unless otherwise noted.