By: Christina E. Brule, Ph.D., Esq.
The Copyright Claims Board (the “CCB”) was created in 2020 by the Copyright Alternative in Small Claims Enforcement Act (the “CASE Act”), which was meant to strengthen copyright protection and thereby strengthen the economy, to which creators contribute greatly and yet often find themselves struggling to enforce their rights and sustain their livelihoods.
CCB Overview
The CCB is a tribunal in the Copyright Office and provides a voluntary alternative to federal court lawsuits, which are often expensive.
Proceedings before the CCB are designed to be accessible to anyone. For example, parties may represent themselves and are not required to hire an attorney, the amount and type of documents and information required throughout the proceedings are limited and basic compared to federal court lawsuits.
Further, participation is voluntary, with respondents having 60 days from the receipt of notice to opt-out of the CCB proceeding. If a respondent chooses to opt-out, the claimant may still bring a lawsuit against that respondent in federal court. Failure, however, to opt-out legally binds the parties to the CCB’s determination.
Moreover, CCB proceedings are much less costly compared to federal court lawsuits. For example, the cost to file a claim with the CCB is $100, which is paid in two parts: $40 is due when the claim is filed and $60 is due if the opt-out period ends and the respondent has not opted out. Additional costs include the designation of a service agent ($6), small claims expedited registration fee ($50 per work), certified final determination from the CCB ($1), and review of final determination by the Register of Copyrights ($300).
A major difference between proceedings before the CCB and litigation in federal court is the maximum amount in statutory damages that may be awarded. In federal court, the upper limit in statutory damages is $150,000 per claim depending on the facts of the case. By contrast, the CCB is limited to awarding statutory damages of up to $15,000 per claim and $30,000 per case. Similarly, for attorney’s fees, a federal court may award a reasonable attorney’s fee in exceptional cases whereas the CCB is limited to awarding a maximum of $5,000 (or $2,500 in cases where a party represents themselves) when a party acts in bad faith. However, the CCB may, in extraordinary circumstances (e.g., where a party has demonstrated a pattern or practice of bad-faith conduct), award higher levels of attorneys’ fees or costs. Additionally, parties and/or their representatives who have acted in bad faith may be banned from filing new claims for one year and their pending claims could be dismissed by the CCB.
The CCB’s jurisdiction is limited to the following types of claims: (1) claims of infringement of a copyright; (2) claims seeking declarations that specific activities do not infringe copyright; and (3) claims of “misrepresentation” in notices sent under the Digital Millennium Copyright Act (the “DMCA”).
A party may file up to two claims with the CCB per year. Counterclaims are limited to the same types of claims and contract issues related to those claims. Further, counterclaims must arise out of the same “transaction or occurrence” (i.e., the same facts and circumstances) and involve the same copyrighted work as the original claim.
Decisions by the CCB are posted online and are available for public review, although they are not “precedential” and therefore do not bind the CCB in later cases involving different parties or claims. Additionally, after a CCB determination, the parties cannot file the same claims in federal court.
CCB Statistics
Earlier this year, the CCB released statistics covering the period from June 2022 through March 2025, as follows:
Total number of claims: a total of 1,222 claims were filed between June 2022 and March 2025; and of those claims, 53% (648) were standard claims with a damages cap of $30,000 and 47% (574) were smaller claims with a damages cap of $5,000.
Claimant representation: 65% of claimants represented themselves, 16% of claimants were represented by an in-house attorney or an authorized business representative, 19% of claimants were represented by an attorney (i.e., outside counsel), and less than 1% of claimants were represented by a law student.
Claim dispositions: there were 14 final determinations from contested proceedings, 21 final determinations from default proceedings, 94 settlements, 114 respondent(s) that opted out, 99 requests to withdraw and settlement status is unknown, 470 claims were dismissed after compliance review, and 187 claims were dismissed because valid proof of service was not filed.
CASE Act Study
The CASE Acts directs the U.S. Copyright Office to complete a study of the CCB within three years of its first final determination. To aid the Office in this study, it issued a Notice of Inquiry on March 10, 2025, wherein it requested public feedback on certain topics related to the CCB.
Topics raised in the Notice of Inquiry include: the use and efficacy of the CCB in resolving copyright claims, whether there are aspects from other models or procedures that the CCB should consider, ways in which the CCB could be made to be more accessible and user-friendly, whether the current safeguards against abuse and bad-faith actors are sufficient, enforceability of CCB determinations, etc.
Initial comments were due May 9, 2025. There were 20 submissions by various individuals, groups, and companies, such as the American Intellectual Property Law Association (AIPLA), New York Intellectual Property Law Association (NYIPLA), Copyright Alliance, The Authors Guild, ImageRights, International Inc., Digital Media Licensing Association, etc.
Reply comments were due June 23, 2025. There were 3 submissions by the Copyright Alliance, National Press Photographers Association, and Motion Picture Association.
The Office’s CASE Act study will be completed early next year as the CCB’s first final determination was issued in February 2023.