Service of Process

Steps one through three

1. 1

   Receive the notice of compliance and direction to serve and service packet.

   Once your claim has been found compliant, the CCB will provide you with a notice of compliance and direction to serve. This notice includes important instructions and starts the ninety-day window to formally notify the respondent of the proceeding. The CCB will provide you with a service package that includes a set of materials to be served on the respondent, including

   • an initial notice,
   • the approved copy of your claim along with any supplemental documents submitted with your claim,
   • the opt out form, and
   • the waiver of service form.

   
   

   These documents provide notice to the respondent that a CCB action has been filed and gives the respondent important information about the claim, the CCB itself, and opting out. You may not include any additional documents in the service beyond what the CCB authorizes.

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2. 2

   Serve the respondent.

   How service is accomplished will depend on who the respondent is and where they are located. You must have the service packet served by someone who is not a party in the proceeding and is over eighteen years of age.

   I need to have an individual served

   1. Will the respondent waive service?

   The fastest and least expensive way to deal with service will usually be to ask the respondent to waive service.

   A waiver of service form is a legal document in which the respondent voluntarily acknowledges receipt of a claim and waives their right to be formally served with the papers, saving time and costs associated with service. The respondent is not required to agree to your request, so you should request waiver as soon as possible and be prepared to proceed with service if the respondent does not agree within thirty days. Requesting a waiver does not relieve you of your obligation to file the proof of service or signed waiver of service within ninety days of the Board issuing the notice of compliance.

   Do not wait until the last moment to request a waiver. You should ask for a waiver of service soon after receiving notice that your claim is compliant. If a respondent does not waive service within thirty days or if your time to serve them is getting close to expiring, you should proceed with service.

   Requesting a waiver of service

   Requesting a waiver of service: who, how, and timing.

   

   Who:
   Yourself. Because sending the request for a waiver is not service, you may send the materials yourself.

   

   How:
   Send the respondent the service packet, waiver of service form, and return postage-paid envelope for the waiver of service form.

   

   Timing:
   The respondent has thirty days to waive service. You should file the completed waiver of service form within seven days of receiving it from the respondent, but the form may not be filed more than ninety days after you received the service documents.

   2. The respondent won't waive service. I need to serve the respondent.

   The CASE Act The Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 (PDF, 124 KB) established the Copyright Claims Board (CCB), a tribunal located in the Copyright Office and available as a voluntary alternative to federal court. specifies the ways you can serve a respondent in a CCB proceeding, any of which will satisfy the requirements for service. You may also serve an individual by complying with the rules for service of process in the state where service is made.

   Completing service

   Completing service: who, how, and timing.

   

   Who:
   Someone who is not a party in the proceeding and is over eighteen years of age may serve process. If the respondent does not live near you, it may be easier to hire a process server in the area where the respondent lives.

   

   How:
   There are several ways to complete service, including

   • someone hand-delivering a copy to the respondent in person,
   • someone leaving a copy at the respondent's residence with someone of suitable age and discretion who resides there,
   • someone delivering a copy to an agent designated by the respondent to receive service of process on their behalf, or
   • complying with the rules for service of process in the state where service is made. You'll want to follow the state rules that govern a general jurisdiction General jurisdiction means the court has the authority to hear virtually any type of case. proceeding even though the CCB is a small claims tribunal. For service purposes, you should not follow state smaller claims court rules of service.

   

   Timing:
   You have ninety days from the date the CCB issues the notice that your claim passed compliance review to serve and file the proof of service on eCCB. You should file the completed proof of service form both within those ninety days and within seven days of receiving it from the respondent.

   If you need more information or are navigating a special situation, more information is available in the Service (PDF, 426 KB) chapter of the CCB Handbook.

   

   Tips for serving an individual

   • Do not email the materials to complete service. Emailing the materials to the claimant is almost never effective service.
   • Do not serve the materials yourself. You can't serve the documents yourself. Service must be completed by someone not involved in the case and over the age of eighteen. It may be helpful to hire a process server A process server is a trained professional who delivers legal documents to defendants named in court proceedings. experienced in service in the state or district where respondent is located.
   • Document everything. Keep records of all attempts at service, even failed ones. Include this information in your proof of service. If an issue arises, this helps show your good faith effort.
   • Carefully read state service by mail rules. Some states permit service by mail. However, such rules typically have specific requirements. Ordinarily, you can't just drop the service packet in the mail. If you're trying to serve an individual by mail, you should double check the rules for service in the respondent's state. Some states have special rules that require certain types of mailings (such as registered or certified mail) and may require that the respondent sign a return receipt. In states where service by mail must be made by the clerk of the court, service by mail is not available for CCB cases in these situations.
   • Ask the CCB. The CCB cannot provide legal advice. But you can email [email protected] and the CCB may be able to point you to resources.

   I need to have a business served

   1. Is the respondent listed in CCB's Designated Service Agent Directory?

   Corporations, partnerships, associations, or other entities may have a designated service agent to receive notices of CCB claims. If the respondent has listed a designated service agent in the CCB directory, you must serve that agent using the listed contact information and service method for the agent.

   Serving the designated service agent is the easiest way to serve a business entity, but you may use it only if the business has listed a service agent in the CCB directory. The CCB's Designated Service Agent Directory is separate from the Copyright Office DMCA Designated Agent Directory. You should use only the information in the CCB's directory.

   Serving a business in CCB's Designated Service Agent Directory

   Serving a business in CCB's Designated Service Agent Directory: who, how, and timing.

   

   How:
   By the method listed in the directory. All designated service agents must accept service at least by certified or priority mail (but not by first-class mail). Some entries have also selected email as an available service method. No other method of service may be used.

   

   Who:
   Unlike most other forms of service, you may mail or email the designated service agent yourself.

   

   Timing:
   You have ninety days to serve from the date you received the service documents from CCB that your claim passed compliance review. You should file the completed proof of service form within seven days of receiving it from the respondent, but the form may not be filed more than ninety days after you received the service documents.

   2. Will the respondent waive service?

   A waiver of service is a legal document where the respondent voluntarily acknowledges receipt of a claim and waives their right to be formally served with the papers, saving time and costs associated with formal service. The respondent is not required to agree to your request, so you should request waiver as soon as possible and be prepared to proceed with formal service if the respondent does not agree.

   Requesting a waiver of service

   Requesting a waiver of service: who, how, and timing.

   

   Who:
   Yourself. Because sending the request for a waiver is not formal service, you may send the materials yourself.

   

   How:
   Send the service packet, waiver of service form, and return postage-paid envelope to the respondent.

   

   Timing:
   The respondent has thirty days to waive service. You should file the completed waiver of service form within seven days of receiving it from the respondent, but the form may not be filed more than ninety days after you received the service documents.

   3. The respondent is not in the Designated Service Agent Directory and won't waive service. I need to complete service.

   When a business entity has not listed a designated service agent with the CCB, you may serve a business entity by serving an officer, a managing or general agent, or any other agent authorized by the law of the state where service is made to receive service of process.

   Completing service

   Completing service: who, how, and timing.

   

   Who:
   Someone who is not a party in the proceeding and is over eighteen years of age. If the respondent does not live near you, it may be easier to hire a process server A process server is a trained professional who delivers legal documents to defendants named in court proceedings. in the area where the respondent lives.

   

   How:
   There are two ways to complete service:

   • serving an officer, a managing or general agent, or any other agent authorized by the law of the state where service is made to receive service of process; or
   • serving the company by any means permitted under the law of the state where service is made.

   

   Timing:
   You have ninety days from the date you received the service documents from the CCB to serve and file the proof of service on eCCB. You should file the completed proof of service form within seven days of serving the respondent, but the form may not be filed more than ninety days after you received the service documents.

   

   Tips for serving a business

   • Determine who the respondent's registered agent is. In most states, a corporation, limited liability company, or limited partnership must list their registered agent with the state. In such cases, service on the registered agent is permitted.
   • Be mindful of who you serve. Do not serve a random employee. You must serve someone who is identified as an officer, managing or general agent, or registered agent.
   • Use government resources. You can conduct an online search of a state's business records to identify a proper registered agent or officer (like a CEO). This search will usually lead you to the records of that state identifying registered agents and often officers and directors of corporations, limited liability companies, and limited partnerships.
   • Document everything. Keep records of all attempts at service, even failed ones. Include this information in your proof of service. If an issue arises, this helps show your good faith effort.
   • Don't serve the documents yourself. You can't be the person who serves the documents. Service must be completed by someone not involved in the case and over the age of eighteen.
   • Ask the CCB. The CCB cannot provide legal advice. But you can email [email protected] and the CCB may be able to point you to resources.

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3. 3

   File your proof of service.

   No matter the service method, the individual completing service must complete and give you a proof of service form. You then must file the form with the CCB. The CCB provides a proof of service form, but you may use another form as long as it contains the same information included in the CCB form.

   

   Timing:
   As mentioned above, you have ninety days after you have received the service documents to have the respondent served. You must file the completed proof of service form within seven days of serving the respondent, but the form may not be filed more than ninety days after you received the service documents. The Board cannot extend these deadlines.

   
   

   Filing instructions

   When you upload and file your proof of service, make the following selections:

   1. Log in to your eCCB account.
   2. Navigate to the docket page for your proceeding.
   3. Click on "File a document."
   4. Select "Proof of Service" as the document type.
   5. Select "Public" in the document access drop-down menu.
   6. Select the respondent you are filing the proof of service for.
   7. Select the date that the respondent was served.
   8. Upload either the waiver of service form or the proof of service form. Review your filing, including the statement confirming that you are certifying that all of the written information in your submission is accurate and truthful, and click "Agree and Submit."

   

   Tips for filing your proof of service

   Proof is key! The CCB will provide you with a form that the person who completes service should fill out. Be sure to file a proof of service form that

   • identifies the person who was served by name, and title if applicable;
   • states how they are authorized to receive service (especially for businesses and when you have served someone other than the respondent);
   • includes the date, method, and location of service;
   • includes any additional information that will help confirm the validity of service, including a description of the person served; and
   • identifies and is signed by the person who served the papers on the respondent.