Don’t Need Billions! A Cheaper and More Expeditious Way to Enforce US Copyrights by Michele Katz: In the vast landscape of copyright law, enforcement has often been an arduous journey, particularly for artists and creators with limited resources. However, a transformative shift occurred in 2020 with the establishment of the Copyright Claims Board (CCB) under the Copyright Alternative in Small-Claims Enforcement Act (CASE). This revolutionary board offers a more accessible and cost-effective alternative to federal court for resolving copyright disputes, empowering creators to protect their intellectual property without breaking the bank.
The CCB operates on the principle of accessibility, providing a platform for resolving copyright claims up to $30,000 (with a smaller claims track for cases up to $5,000). This democratization of justice has been a game-changer for artists and creators of all backgrounds, ensuring that no one is left behind when it comes to safeguarding their creative works.
Cases brought before the CCB are decided by panels of three Copyright Claims Officers, each with extensive expertise in copyright law and alternative dispute resolution. The process begins with the claimant filing a claim and paying the filing fee, followed by a review to ensure compliance. If the claim proceeds, parties engage in a streamlined process of discovery and presentation of claims or defenses, culminating in a written final determination by the CCB.
While the CCB offers a simpler and faster path to relief compared to federal litigation, there are some important considerations to keep in mind. Awards are capped at $30,000, and proceedings do not involve extensive discovery. Additionally, the CCB cannot compel respondents to cease infringing activities, and involvement by a judge or jury is limited, with few avenues for appeal. A Catalyst for Change:
Despite these limitations, the emergence of the CCB represents a significant step forward for copyright owners, offering a practical and efficient means to recuperate damages from infringement. Its existence serves as a deterrent against copyright infringement and underscores the importance of providing equitable and accessible avenues for IP enforcement.
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In a world where creative expression knows no bounds, the Copyright Claims Board stands as a beacon of hope for artists and creators seeking to protect their intellectual property. By offering a more accessible and affordable alternative to traditional litigation, the CCB empowers creatives to assert their rights and ensure that their valuable works are safeguarded. To learn more about the Copyright Claims Board and its impact on copyright enforcement, read the full article Michele Katz, Founding Partner at Advitam IP, LLCin our Global IP Matrix Magazine.