Navigating Copyright Disputes: Is the Copyright Claims Board Right for You?

Jul 18, 2024 | Law Student Blog,

By Zoe Qiu, Washington University School of Law, Juris Scientiae Doctor Candidate, 2026

When considering copyright-related legal action, where do you turn for resolution? Historically, the answer was straightforward: federal courts. Regardless of the dispute’s size or amount involved, federal courts were the sole venue for handling all copyright litigation. However, this changed a few years ago. Now, besides the expensive and time-consuming option of federal courts, there is the Copyright Claims Board (CCB). The CCB offers a simplified and more cost-effective alternative for smaller copyright disputes in the United States. This article introduces readers to this new option, helping them consider whether the CCB is the right forum to resolve their disputes.

What is the Copyright Claims Board?
The Copyright Claims Board is a three-member tribunal within the U.S. Copyright Office. Established after the passage of the Copyright Alternative in Small-Claims Enforcement (CASE) Act in December 2020, the CCB began operating officially in June 2022. Its purpose is to provide a simplified and accessible forum for resolving small-scale copyright infringement claims, with damages up to $30,000.

Which types of copyright claims can the CCB accept?
The CCB can review only three types of copyright claims. Any other such claims must be brought in traditional federal court. The types of claims the CCB can handle are:

• Infringement claims where the claimant asserts that the respondent used the copyrighted material in question unlawfully.
• Noninfringement claims, where the claimant seeks declarations that specific activities do not infringe on another’s copyright.
• Claims alleging misrepresentation in Digital Millennium Copyright Act (DMCA) notices, where the claimant has asserted that the respondent made a false statement in a takedown notice or counter-notice to an online service provider, resulting in the copyright content being removed or reposted.

Who can file a claim and who can be sued in the CCB?
To file a claim with the CCB, the claimant must either have a copyright registration for the work in question or have a copyright application filed with the U.S. Copyright Office. 

As for respondents, although the CCB is inclusive, not everyone can be sued. The CCB does not allow claims against foreign respondents or government and state entities. All other American individuals and entities can be respondents in CCB claims. The CCB requires each respondent’s U.S. address be included to file the claim.

When should claimants file a claim with the CCB?
Previously, the CCB adhered to the federal statute of limitations for copyright infringement claims, which was typically three years from the first occurrence of the infringement, the same as traditional federal courts. However, a recent Supreme Court decision has changed this.

On May 9, 2024, in Warner Chappell Music, Inc. v. Nealy, the Supreme Court ruled that copyright owners can recover damages beyond the three-year statute of limitations period for timely filed claims. The Court interprets that the Copyright Act’s statute of limitations establishes a three-year limitations period for filing suit but does not establish a three-year limitation on recovering damages. This decision potentially allows for open-ended recovery of damages, covering the entire period of alleged infringement.

If the infringement occurred more than three years ago, claimants shouldn’t assume their claim is automatically barred from the CCB. For older infringements, claimants should explain in their detailed claim description why it took so long to discover the violation. Courts may allow recovery for a longer period, provided the suit is filed timely after the claimant discovered, or reasonably should have discovered, the infringement.

CCB features that might be attractive to parties
No Attorney Needed: Parties in the CCB do not need an attorney to represent them or assist them in the proceedings, as CCB proceedings are designed to be clearly understood by anyone, even without legal training. However, parties are permitted to retain an attorney to handle the proceedings on their behalf if they so choose.

Friendly Budget: The CCB charges a mere $40 filing fee when claims are filed. After respondents are served with a notice from a claimant, a 60-day opt-out period begins. If the opt-out period ends and the respondent has not opted out, the claimant submits a second $60 payment to continue with the proceeding, totaling $100, which is much less than the traditional federal courts’ filing fee of around $400.

Please note that if respondents fail to opt out within the allowed timeframe, they will automatically opt in, allowing the proceedings to continue. Consequently, if respondents accidentally miss the opt-out deadline, they will be considered to have “voluntarily” agreed to participate in the CCB proceedings. Most of these decisions cannot be appealed.

Easy Accessibility: CCB proceedings are conducted completely online. Both parties at the CCB only need video-conferencing software to participate and argue their sides. Therefore, the CCB is a great option for people in other countries or those unable to travel to a certain venue.

Fast Process: The CCB process has nine phases, comprising filing a claim, compliance review, service of process, opt-out period, active phase, response, discovery, making your case, and final determination. This simplified process aims to resolve a claim within one year, saving parties from lengthy litigation in federal courts, which often takes years to reach a final judgment.

Other Features to Consider
Voluntary Participation: Although claimants file with the CCB, respondents may opt out of a CCB proceeding within 60 days after being served with a claim. If a respondent chooses not to participate, their opt-out ends the proceedings. At that point, claimants can refile the claim in federal court, but this can be cost-prohibitive and may force the claimant to forgo legal action.

Binding Decisions: Decisions rendered by the CCB are binding, except in situations where the decision can be appealed or reviewed. Once a decision is reached in the claim, it cannot be re-litigated in federal court. A party can appeal to a federal court only: if a CCB decision was issued as a result of fraud, corruption, misrepresentation, or other misconduct; if the CCB exceeded its authority or failed to issue a final determination; or n the case of a default or failure to prosecute, when there was a legitimate reason for the default or failure to prosecute.

Small Damage Amounts: The CCB’s standard proceeding allows for damages up to $30,000 per proceeding, but no more than $15,000 per work infringed. The CCB also offers a smaller claim proceeding, which allows for damages of up to $5,000 per proceeding. Regardless, $30,000 is the maximum damages that can be awarded. A copyright owner cannot bring a claim seeking more than $30,000 in damages. By comparison, in federal court, potential damages claims are not capped, and statutory damages can reach as much as $150,000 for each work if the infringement is determined to be willful (intentional). Therefore, copyright holders need to estimate their case’s monetary value in advance and determine how much they expect to recover before choosing the appropriate forum.

Conclusion
Compared to traditional federal courts, the CCB indeed offers a more accessible and efficient means of resolving small-damage copyright claims, especially for individual creators, small businesses, and independent artists who may have limited resources to pursue federal litigation. However, the decision on which forum to choose for copyright litigation should be carefully considered based on the specific circumstances of each case.

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