The Copyright Claims Board (CCB) is a relatively new, alternative dispute resolution system designed to simplify and expedite copyright infringement claims in the United States. While CCB offers several benefits, there are important factors to consider before deciding to file a claim with CCB.

Only three types of claims can be brought

The CCB can only hear the following copyright-related claims: 

(1) claims of infringement of a copyright, 

(2) claims seeking declaration that specific activities do not infringe copyright, and 

(3) claims of “misrepresentation” in notices sent under the Digital Millennium Copyright Act (DMCA).

U.S. Copyright Application is Needed Prior to Filing

While claimants do not need a registration from the Copyright Office to bring a claim before the CCB, in general, they must at least have a pending application for the work(s) at issue and all respondents must reside in the United States for the CCB to accept the claim.

There is a government fee for filing a claim before the CCB

The government fee for filing a claim before the CCB is $100.

Monetary damages are capped at $30,000

A party cannot seek more than $30,000 in total damages. Therefore, the amount awarded could be significantly lower than the damages available in federal court.  To compare, actual damages are not capped and statutory damages can go up to $150,000 for each work if the infringement was knowing or deliberate in federal court.  There can also be other fees or damages considered in federal court.

Recovering attorneys’ fees and costs

The CCB cannot award attorneys’ fees and costs to a successful claimant or respondent except if a party brings a CCB claim or acts in bad faith. The cap on attorneys’ fees and costs in this instance is $5,000 or $2,500 if the other party is not represented by an attorney.

Parties are barred from pursuing the same claim in federal court after a CCB determination

Once the CCB has made a decision on a claim, the parties involved cannot bring the same claim(s) against each other in federal court.

Limited options for review of CCB ruling

A party dissatisfied with a CCB ruling can either (1) request the CCB reconsider or modify the determination, but only for a clear error of law or fact that materially affected the outcome, or for a technical mistake, (2) request that the Register of Copyrights evaluate whether the CCB abused its discretion in denying the reconsideration, or (3) in certain situations, seek review of the ruling in federal court.  

Conclusion

While the Copyright Claims Board can present an accessible and cost-effective option for resolving copyright disputes, it is not a one-size-fits-all solution. If your claim involves complex legal issues and/or substantial damages, traditional litigation in federal court may be a better route. Please feel free to reach out to us at Neer McD if you have any further questions about whether to file a claim with the CCB or in a federal court.

You can learn more about the CCB here: https://ccb.gov/

Citing: Copyright Claims Board Handbook