The United States Copyright Office is establishing a Copyright Claims Board (CCB) to hear claims for disputes under $30,000, including those for take down violations. This will allow many copyright holders who would otherwise avoid suits for infringement an affordable alternative to Federal Court. The party making a claim must have a valid copyright registration, or have an application pending. A process for expedited registration is being established. (See blog on expedited registration.)
A party may opt out of being heard by the CCB (without prejudice), and either party can still choose to make their case in Federal Court. However, claims and counterclaims cannot be filed in both venues. If a party does not opt out within 60 days of being served, the opportunity to file in federal court and the right to jury trial are waived. Parties may be represented by an attorney or a law student certified to do pro bono representation.
The proceedings will take place online or by way of other telecommunications. There will be discovery limitations and formal motions will only be used on special request. The final written determination must come from a majority of the board, and these determinations will get posted to a public website with certain confidential information redacted. Frivolous claims and those made in bad faith may result in sanctions. To prevent abusing the system a limit on the number of claims per party, per year is likely to be implemented.
Presently, the office is formulating regulations for operations and procedures including fee setting, an opt-out process, and decision review. NOTE: Claims made with the CCB cannot be appealed in federal court. The board is expected to begin operation in Spring 2022.
No comment yet, add your voice below!