Public Knowledge submitted these Reply Comments in response to the U.S. Copyright Office’s Notice of Proposed Rulemaking, “Copyright Claims Board: Initiation of Proceedings and Related Procedures.”
The Copyright Office should not restrict the ability of Copyright Claims Attorneys to offer potential Copyright Claims Board participants substantive advice. First, restricting the ability of CCAs to provide substantive advice to potential participants will undermine the CCB’s purpose of providing an affordable, user-friendly, streamlined, and fair alternative forum for copyright claims. This will particularly impact the fairness for those who do not have the resources to secure their own counsel. Second, not only do CCAs have the authority to provide substantive advice to potential CCB participants but they are also required to do so. Finally, the Copyright Office’s general ban on providing legal advice does not impact this requirement.