from ex parte communications with the Copyright Claims Officers concerning the substance of any proceeding before the Copyright Claims Board. (g) Judicial review Actions of the Copyright Claims Officers and Register of Copyrights under this chapter in connection with the rendering of individual determinations are subject to judicial review as provided under section 1407(c), and not under chapter 7 of title 5, United States Code. 1403. Nature of proceedings (a) Voluntary participation Participation in a Copyright Claims Board proceeding shall be on a voluntary basis in accordance with this chapter, and the right of any party to instead pursue a claim, counterclaim or defense in a United States district court or any other court, and to seek a jury trial, shall be preserved. (b) Statute of limitations (1) In general No proceeding shall be maintained before the Copyright Claims Board unless it is commenced in accordance with section 1405(e) before the Copyright Claims Board within three years after the claim that is the basis for the proceeding accrued. (2) Tolling Subject to section 1406(a), a proceeding commenced before the Copyright Claims Board shall toll the time permitted under section 507(b) of this title for commencement of an action on the same claim in a United States district court during the time it remains pending. (c) Permissible claims, counterclaims and defenses The Copyright Claims Officers may render determinations with respect to the following claims, counterclaims and defenses, subject to such further limitations and requirements, including with respect to particular classes of works, as may be set forth in regulations established by the Register of Copyrights: (1) A claim for infringement of an exclusive right of copyright provided under section 106 of this title, asserted by the legal or beneficial owner of such exclusive right at the time of infringement pursuant to which the claimant seeks damages, if any, within the limitations set forth in subsection (e)(1). (2) A claim for a declaration of