IP Law Daily Copyright Royalty Board issues Final Rule establishing e-filing system
Thursday, April 20, 2017

Copyright Royalty Board issues Final Rule establishing e-filing system

The Copyright Royalty Board (CRB) today issued a Final Rule to amend Title 37 of the Code of Federal Regulations to permit the electronic filing of documents. The Final Rule amends and augments the procedural regulations governing the filing and delivery of documents.

On November 23, 2016, the Copyright Royalty Judges published a Notice of Proposed Rulemaking in the Federal Register. The notice sought comments on an automated filing system designated "eCRB." The Judges received comments from seven groups of interested parties, all of whom supported the decision to implement an electronic filing system.

Attorneys will be required to obtain an eCRB password from the Copyright Royalty Board before they can file any documents or receive any orders or determinations of the Copyright Royalty Judges. The Copyright Royalty Board will issue an eCRB password when an attorney applicant completes an application form on the CRB website. The password can be used only by the person to whom it is assigned; in the case of an attorney, its use will be limited to the attorney or an authorized employee or agent of the attorney’s law office or organization.

During a transition period that will begin on the date of initial deployment (to be announced on the CRB’s website, www.loc.gov/crb) and end on January 1, 2018, all technologically capable parties will be required to file their Copyright Royalty Board documents through the eCRB as well as through paper documents that conform to the applicable rules of the Copyright Royalty Board.

Parties will be allowed to file paper copies of any exhibits or attachments that are not in a format that readily permits electronic filing (e.g., oversized documents) or are illegible when scanned to an electronic format. Social security numbers, names of minor children, dates of birth, and financial account numbers must be excluded or redacted from all electronically filed documents, and they must be treated as confidential information that is subject to an applicable protective order. The electronically filed documents will be the official record of the Copyright Royalty Board.

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