Copyright infringement cases are costly and time-consuming, but there is now an alternative for smaller claims – a new small claims tribunal for copyright matters involving less than $30,000. In December 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 which directed the Copyright Office to establish the Copyright Claims Board (the “CCB”).
The CCB is currently scheduled to begin operations in Spring 2022. It will be an administrative court situated in the United States Copyright Office with three full-time judges. The CCB will have jurisdiction to hear certain civil copyright claims, including claims for copyright infringement, declarations of non-infringement, and claims for misrepresentation for a Digital Millennium Copyright Act takedown notice. Jurisdiction is limited to claims based on works for which a copyright has been registered or an application for registration of copyright has been filed before or simultaneously with filing a claim with the CCB.
The procedures for filing a claim with the CCB and pursuing or defending a claim once filed are streamlined with the goal of being efficient and easy to use:
Once a claim is filed with the CCB, and notice given to the other party, the other party may opt-out of the CCB proceeding. If the party chooses to opt-out, the claimant may still bring suit in federal court.
If you would like more information on the new Copyright Claims Board, or on any other intellectual property law matters, please contact the attorneys at Vandeventer Black.