Copyright Small Claims - The Copyright Claims Board

Filing a claim with the Copyright Claims Board (CCB) is a cost-effective alternative to litigating copyright claims in federal court if the goal is a quick resolution of your copyright claim that is not more than $30,000. The CCB is similar to a small claims court but specifically geared for copyright disputes. Cases are decided by a panel of individuals knowledgeable about copyright law. The cost to file is low (compared to U.S. federal court) and the process is streamlined. As a result, filing a claim with the CCB may be a good option for you depending on the nature of your case.

In 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement (the CASE Act), which created the Copyright Claims Board (CCB). This is a small claims court for copyright disputes. Although the CCB has limited powers and cannot order third party infringers to stop their copying (without their voluntary agreement), the CCB can award monetary relief for copyright infringement and filing a claim can create leverage when negotiating a settlement.  Also, as long as you have a copyright application on file with the U.S. Copyright Office, you will be able to file your claim with the CCB without issue (unlike in federal court where U.S. copyright owners need a copyright registration before filing).

Of course, there are downsides to filing a copyright claim with the CCB. The total amount that can be awarded in a CCB proceeding is up to $30,000 (exclusive of attorney's fees which can be no more than $5,000 absent extraordinary circumstances). Also, the infringing party can decide to opt out of the proceedings (which would force you to then file in federal court). There is also limited discovery (the process of requesting and exchanging information with the other side). Further, the CCB cannot enter an order preventing the infringing party from using the copyright protected work, this is referred to as an injunction (the infringing party can however voluntarily agree to not use the work, which the CCB considers when deciding on how much money to award for the infringement).

Still, the benefits may outweigh these disadvantages given the facts of your case. A federal copyright infringement case can be very expensive, and federal judges do not always know the "ins" and "outs" of copyright law. Filing a low-cost proceeding can spark settlement discussions with an infringing party and may be just what is needed to resolve your dispute.

We are happy to discuss your copyright case with you to determine whether a CCB proceeding (or federal court proceeding) are right for you.

Click here for our copyright enforcement intake form

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