Copyright Small Claims – a Gift to Copyright Owners
Are you a copyright owner with an infringement claim of less than $30,000? If so, there is possibly good news for you. In December 2020, Congress passed the Copyright Alternative in Small Claims Enforcement of 2020 Act (CASE Act). This CASE Act instructed the U.S. Copyright Office to create a tribunal which would provide relief for certain copyright disputes. The tribunal is known the Copyright Claims Board (CCB). It will start hearing cases this Spring.
Why CASE Act and Create the Copyright Claims Board?
Because copyright law is federal law, all copyright lawsuits must be brought in federal court. If you have plenty of time and even more money, that’s not a problem. However, because federal litigation is costly, copyright infringement actions are largely a benefit granted to the wealthy. Therefore, the average copyright owner has few to no remedies available to them if they discover unauthorized use of their copyrighted content.
With a lot of prompting from stakeholders, Congress recognized this issue and passed the CASE Act. The hope is that the CCB will provide a cost-saving and efficient way to resolve small copyright disputes.
Benefits of the Copyright Clams Board.
If you are a copyright owner with a small claim, here are some reasons you should consider filing with the CCB:
- User-friendly. The system will be a lot easier to navigate therefore easier for you to file.
- Streamlined procedures. Unlike federal court where you have mounds of discovery and endless motions, CCB matters do not include formal motions and limited discovery.
- Claims less than $30,000. Monetary damages are capped at $30,000. No one can sue for more than $30,000.
- It is voluntary. You are not required to file a claim. Likewise, can choose to opt-out if a claim is filed against you.
- Safeguards against abusive practice. For example, there may be limits as to how frequently a party can file in one year.
- CCB decisions will be posted online.
While there are limits to what a small claims plaintiff can expect, there is the opportunity to have their day in court. For more info on the CCB and the benefits
Francine D. Ward
Attorney-At-Law, Author, Speaker
Follow Francine:
Don’t miss Francine’s Latest Blogs:
- Trademark Check.Trademark check. When it comes to protecting your trademark, the most important step in the process is to choose a trademark that can be protected. The selection of your mark… Read more: Trademark Check.
- Register TrademarkRegister Trademark. In the world of business, trademarks are crucial assets. They are symbols of your brand’s identity and reputation. While trademark registration isn’t mandatory in the United States, it… Read more: Register Trademark
- Trademark SearchTrademark Search. Trademark search. It’s important to understand the concept. The second most important step in the trademark process is clearance. Trademark clearance is another term for the trademark search.… Read more: Trademark Search
- FTC Endorsement GuidesFTC Endorsement Guides. In today’s digital age, the lines between genuine recommendations and paid endorsements can often become blurred. Such misconceptions make it essential for consumers to be able to… Read more: FTC Endorsement Guides
- Right of PublicityWhat is the Right of Publicity? The right of publicity is a legal concept that prevents the unauthorized use of an individual’s identity for commercial purposes. Depending on the state,… Read more: Right of Publicity