About the Copyright Claims Council
The Copyright Small Claims Alternative (CASE) Act of 2020 created the Copyright Board (CCB), a tribunal located within the Copyright Office that is a voluntary alternative to federal court.
The CCB is an efficient, streamlined way to resolve copyright disputes involving damages of up to $30,000, and is designed to be cheaper and faster than filing a case in federal court. The Copyright Office has developed procedures for resolving these disputes, as well as “eCCB” – an electronic filing and case management system.
Key features of CCB
– CCB is available to anyone, with or without a lawyer. CCB’s procedures are designed to be clear and easy to use by anyone, even without legal training. CCB users are allowed to have an attorney, but they can also represent themselves.
– CCB procedures are simplified and conducted online. Proceedings at the CCB require much less money and time than suits in federal court. Litigants in the CCB are required to provide only a limited amount of basic documents and information, in contrast to the more complex and expensive process of sharing evidence in federal trials. The CCB’s procedures do not include the formal pleadings used in federal court, and any hearings are conducted remotely via video conferencing.
– Participation is voluntary. Both claimants (those who bring a claim to the CCB) and defendants (those against whom a claim is made) can decide whether or not to participate in a CCB hearing. No one is obliged to prove his rightness in the SSR; the party with the copyright claim can instead go to federal court, and the defendant can opt out of the CSIW proceedings. Additionally, if the defendant chooses not to participate in the proceeding, the plaintiff can still file a lawsuit against the defendant in federal court.
– Only certain types of claims can be brought before the CCB. Unlike federal court, the CCB’s jurisdiction is limited to certain copyright claims. Only three types of claims can be filed:
- copyright infringement lawsuits
- lawsuits for recognition that a certain activity does not violate copyright;
- claims of “misleading” in communications sent under the Digital Copyright Act (DMCA).
– Counterclaims must be related to the primary claim. Counterclaims (claims brought by a defendant against a claimant) are limited to the types of claims within the CCB’s jurisdiction, as well as the contractual issues related to those claims, and must arise out of the same “agreement or occurrence” (ie, the same facts and circumstances ) and relate to the same copyright object as the original claim.
– The CCB consists of three members who are impartial experts in the field of copyright. Claims agents have an in-depth knowledge of copyright, making them well-suited to determine copyright issues related to various types of works.
– Cash refunds are limited to $30,000. A party may not file a claim with the Court of Appeals for more than $30,000. A party that successfully sues for copyright infringement can choose to recover either statutory damages (in specific dollar ranges defined by law) or the infringer’s actual damages and profits (calculated based on factual evidence). Because of these rules, in most cases, the amounts that the CCB will order defendants to pay to successful plaintiffs will be less than what could be recovered in federal court. In federal court, there is no cap on actual damages and statutory damages can reach $150,000 per work if the infringement was willful or willful.
– CCB procedures include safeguards against abuse. A party who brings a claim before the CCB in bad faith (acting dishonestly, intentionally misrepresents or abuses) may be ordered to pay the other party reasonable costs and attorneys’ fees. These costs can be up to $5,000, but are limited to $2,500 for self-represented parties. In extraordinary circumstances, such as when a party has demonstrated bad faith, the CCB may award a higher level of attorneys’ fees or costs. The CCB can also bar parties or their representatives who have repeatedly acted in bad faith from filing new claims for one year and can even dismiss their pending claims.
– The parties cannot file an unlimited number of lawsuits. There is a limit to the number of lawsuits any party can file in one year.
– Decisions of the Appeals Chamber will have a different legal force than court decisions. The CCB’s decisions will be posted online and available for public inspection, but will not be “precedential” – in other words, the reasoning will not be binding on the CCB in subsequent cases involving other parties or lawsuits and will not affect decisions in other federal court proceedings.
– Parties cannot file the same lawsuit in federal court after a CCB decision. Once a claim has been decided by the CCB, the parties will not be able to bring the same claims against each other in federal court.
– There are limited opportunities to review CCB decisions. A party dissatisfied with a CCB decision has the following options:
- apply to the Court of Appeals with a request to review or change the decision, but only in the case of a clear error in law or facts that are of significant importance for the result, or a technical error;
- apply to the Register of Copyrights with a request to decide whether the Court of Appeal abused its discretion in denying review; or
- in limited circumstances, apply for a review of the decision in federal court.
Fees
Once a potential claimant has decided to file a claim with the CCB, the next step is to file a claim through eCCB (CCB’s Electronic Claims and Case Management System) and pay the claim fee, which is split into two payments. The first payment is due when the claim is filed.
If the waiver period expires and the defendant has not waived the claim, the plaintiff must make a second payment to continue the case. If all the defendants refuse to participate in the case, the plaintiff does not have to pay the second payment. Below are the first and second registration fees and other fees charged by CCB.
Filing a claim to the Copyright Board
The first payment is $40
The second payment is $60
Appointment of a service agent by a corporation, partnership or unincorporated association, or change of appointment – $6
Expedited registration of small claims (per article) – $50
Review of the final decision from the Register of Copyrights – $300
claim / copyright / Copyright Claims Board / intellectual property
