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37 CFR § 220.1 - Definitions.

---
identifier: "/us/cfr/t37/s220.1"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 220.1 - Definitions."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "220.1"
section_name: "Definitions."
chapter_name: "U.S. COPYRIGHT OFFICE, LIBRARY OF CONGRESS"
subchapter_number: "B"
subchapter_name: "COPYRIGHT CLAIMS BOARD AND PROCEDURES"
part_number: "220"
part_name: "GENERAL PROVISIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "17 U.S.C. 702, 1510."
regulatory_source: "87 FR 30075, May 17, 2022, unless otherwise noted."
cfr_part: "220"
---

# 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) 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) 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).

(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.*