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ARTICLE · 26 OCTOBER 2022

Small Claims Copyright Venue Is Here!

Assouline & Berlowe
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The Copyright Alternative in Small-Claims Enforcement Act of 2020 established the Copyright Claims Board.

United StatesIntellectual Property
Greg M. Popowitz
Greg M. Popowitz

The Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 established the Copyright Claims Board (CCB). The CCB is a new administrative court housed within the United States Copyright Office that is set to go into effect on December 27, 2021. The CCB is designed to provide a cheaper and more efficient venue over federal court to litigate certain copyright infringement claims. The CCB will have three full time judges (a/k/a Copyright Claims Officers) appointed by the Librarian of Congress, with at least two full time attorneys to support their efforts.

The CCB will hear certain civil based copyright claims, counterclaims, and defenses. Examples include infringement claims, declaratory relief actions of non-infringement, and claims for misrepresentation related to a Digital Millennium Copyright Act (DMCA) takedown notice. While the CCB can award monetary damages and help settle claims and counterclaims, the CCB can only rule on copyright infringement

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