San Diego Copyright Claims Board Attorney

At T-Rex Law, we understand the challenges creators and copyright owners face when it comes to protecting their intellectual property. The Copyright Claims Board (CCB) recently established under the Copyright Alternative in Small-Claims Enforcement (CASE) Act offers an efficient and accessible avenue for resolving copyright disputes without the complexities of federal court litigation.

What is the Copyright Claims Board?

The Copyright Claims Board (CCB) is a tribunal located in the Copyright Office and is available as a voluntary alternative to federal court.

The CCB is an efficient, streamlined way to resolve copyright disputes involving claims seeking damages of up to $30,000 and is designed to be less expensive and faster than bringing a case in a federal court.

What are the key features of the CCB?

CCB procedures are streamlined and conducted online. CCB proceedings involve far less money and time than federal court lawsuits. Participants in CCB proceedings are only required to provide limited basic documents and information, as opposed to the more complicated and costly process of exchanging evidence in federal lawsuits. CCB proceedings do not include the formal motions used in federal court, and any hearings are held remotely through video conferences.
Participation is voluntary. Both claimants (those that file claims with the CCB) and respondents (those against whom a claim is brought) can decide whether or not to participate in CCB proceedings. No one is required to argue a dispute before the CCB; a party with a copyright claim can choose to go to federal court instead, and a respondent can opt out of a CCB proceeding. In addition, if a respondent chooses to opt out, the claimant can still bring a lawsuit against that respondent in federal court.
Only certain types of claims can be brought before the CCB. Unlike federal court, the CCB’s jurisdiction is limited to certain copyright-related claims. Only three types of claims can be brought:
- claims of infringement of a copyright;
- claims seeking declarations that specific activities do not infringe copyright; and claims of “misrepresentation” in notices sent under the Digital Millennium Copyright Act (DMCA).
Counterclaims must be related to the original claim Counterclaims (claims brought by a respondent against the claimant) are limited to the types of claims in the CCB’s jurisdiction, plus contract issues related to those claims, and must arise out of the same “transaction or occurrence” (that is, the same facts and circumstances) and involve the same copyrighted work as the original claim.
Monetary damages are capped at $30,000. A party cannot bring a claim before the CCB seeking more than $30,000 in total damages. A party who brings a successful copyright infringement claim can choose to recover either statutory damages (in specific dollar ranges set by the law), or actual damages and the infringer’s profits (calculated based on the factual evidence). Because of these rules, in most cases, amounts the CCB would order respondents to pay successful claimants would be lower than those available in federal court. In federal court, actual damages are not capped, and statutory damages can reach $150,000 for each work if the infringement was knowing or deliberate.
The CCB can award attorneys fees in cases of bad faith. A party bringing a CCB claim in bad faith (acting in a dishonest, intentionally misleading or abusive way) may be ordered to pay the other party’s reasonable costs and attorneys’ fees. These fees can be up to $5,000, but are limited to $2,500 for parties representing themselves. In extraordinary circumstances, such as where a party has demonstrated a pattern or practice of bad-faith conduct, the CCB may award higher levels of attorneys’ fees or costs. The CCB may also ban parties or their representatives who have repeatedly acted in bad faith from filing new claims for one year and may even dismiss their pending claims.
Parties cannot file the same claim in federal court following a CCB determination. Once a claim has been decided by the CCB, the parties will not be able to file the same claims against each other in federal court.

How Can T-Rex Law Help?

At T-Rex Law, our experienced San Diego Copyright Claims Board (CCB) attorneys specialize in navigating the intricacies of copyright law and provide comprehensive support to clients seeking resolution through the Copyright Claims Board.

Our services include:

Case Evaluation: We assess the merits of your copyright claim and determine its suitability for resolution through the Copyright Claims Board.
Claim Preparation: Our team assists in preparing and filing your copyright claim with the Copyright Claims Board.
Negotiation and Advocacy: We act as your dedicated representatives during the dispute process, presenting your case effectively and negotiating on your behalf.
Strategic Counsel: Our attorneys provide strategic counsel throughout the process, helping you make informed decisions to protect your copyright interests.

Contact our San Diego Copyright Claims Board (CCB) attorneys today at (858) 220-2345 to discuss your copyright concerns and explore how the Copyright Claims Board can be a valuable tool in preserving and enforcing your creative rights.