CCB Begins Accepting Small Copyright Claims on June 16, 2022
2024-09-24 11:34:07
On June 2, 2022, the U.S. Copyright Office announced that the Copyright Claims Board (CCB) will begin accepting small copyright claims on June 16, 2022. The CCB, established in 2022 under the Copyright Alternative in Small-Claims Enforcement (CASE) Act passed in 2020, is the first small copyright claims tribunal of its kind.
According to the CCB's official website, "The CCB is a tribunal within the U.S. Copyright Office that serves as a voluntary alternative to federal court. The CCB offers an efficient, streamlined process to resolve copyright disputes with claims of up to
The CCB's proceedings are conducted entirely online. "Parties in CCB proceedings need only provide limited basic documents and information, unlike the more complex and expensive discovery process in federal litigation. The CCB process does not include formal motions used in federal courts, and all hearings are conducted via remote video conferencing." Additionally, anyone can use the CCB process, whether or not they are represented by an attorney.
The CCB's jurisdiction is limited to three types of copyright-related claims and counterclaims: "(i) copyright infringement; (ii) seeking a declaration of non-infringement of copyright; and (iii) 'misrepresentation' claims under the Digital Millennium Copyright Act (DMCA)."
Unlike federal court litigation, parties can file claims for works that have not yet been registered with the Copyright Office. However, the CCB requires claimants to submit a registration application to the Copyright Office before filing a claim and to complete the registration before the CCB issues a ruling.
Participation in the CCB process is voluntary. When a claimant files a claim with the CCB, the CCB's attorneys will review the claim to determine if it is "actionable." If the claim is actionable, the respondent will receive a CCB summons. The respondent may choose to opt-out of the CCB process, but this must be done within 60 days of receiving the summons by completing a paper or online opt-out form. Otherwise, the CCB may issue a default judgment against the respondent, requiring payment of up to $30,000 in damages. To avoid legal risks, respondents should not ignore CCB summonses. If the respondent opts out, the claimant may still file a lawsuit in federal court.
The CCB will publish its rulings online for public access, but unlike court judgments, CCB rulings are not considered "precedent." Additionally, once a claim is adjudicated by the CCB, neither party may file the same copyright claim in federal court.