Copyright Claims Board

Why You Need This Information Before participating in a CCB proceeding, you may want to know how the CCB works, where it came from, and what goes into a CCB determination. This chapter will highlight the key benefits of the CCB, give an overview of its procedures, and discuss some of the laws and regulations that govern its proceedings. To assist you in reviewing this Handbook, there is a Glossary at the end of each chapter which provides definitions of words highlighted in that chapter. CCB Quick Facts Congress created the CCB in the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020. The CCB is an alternative forum to federal court to resolve certain copyright disputes up to $30,000. Using the CCB is voluntary. A claimant can choose whether to file a claim with the CCB or in federal court, and a respondent can choose to opt out of CCB proceedings (after which the claimant still has the ability to sue in federal court). CCB proceedings are designed to be clearly understood and usable by anyone, even without legal training. You are permitted to have a lawyer, but individuals and businesses can represent themselves. The process of exchanging information and documents (called discovery) is streamlined in CCB proceedings, so CCB proceedings will generally involve expending far less money and time than in federal court lawsuits. When a claimant files their claim, they can choose a “smaller claims” track, which is an even more streamlined form of CCB proceeding, available where a claimant seeks no more than $5,000. Overview The CASE Act of 2020 directed the Copyright Office to establish the CCB. The CCB is an efficient, streamlined way to resolve copyright disputes involving claims seeking monetary awards of up to $30,000 and is designed to be a less expensive and faster alternative to bringing a case in a federal court. How Did We Get Here? In December 2020, Congress passed the CASE Act and created the CCB to provide a more efficient and less expensive option to resolve copyright disputes involving no more than $30,000 in damages. Since that time, the Copyright Office has taken the necessary steps to set up the CCB, including hiring staff, developing technological tools, creating an informational website, and establishing the procedures for the various stages of CCB proceedings. Is the CCB Right for You? When considering whether to participate in a CCB proceeding, keep in mind that there are important differences between the CCB and federal court (previously the only place where copyright cases could be heard). The CCB will cost less, take less time to get to a determination, and have less complex procedures. Unlike federal court, potential awards before the CCB are capped at $30,000, or $5,000 for the “smaller claims” track. The CCB cannot order a respondent to cease the complained of