Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 25, Issue 8
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Calling All Copyright Small Claims!
By Kristyn Webb
In 2020, tucked inside the COVID-19 relief bill, was a piece of copyright legislation that created a new forum for hearing certain kinds of copyright disputes. The Copyright Alternative in Small-Claims Enforcement (“CASE”) Act, created a three-person tribunal housed inside the Copyright Office, called the Copyright Claims Board (“CCB”) to preside over a small-claims court for copyright cases.
Generally, federal courts have exclusive jurisdiction over copyright cases, and often, this presents an insurmountable paywall for individual artists and small businesses to vindicate their rights, especially where the value of the individual copyrighted works are relatively low. Many attorneys decline to take on cases where the cost of litigation outweighs any potential recovery. This small-claims court is aimed, in part, to remedy this issue.
The CCB has been hearing cases since June 2022. So far, it has had mixed reviews. The CCB, often called the “Copyright Small Claims Court,” was designed to be a low cost, efficient forum to adjudicate copyright infringement cases that otherwise may not be heard in court due to the high cost of federal litigation. Part of the cost-saving strategy was making proceedings online, with limited discovery, and user-friendly online forms to make out a claim or defense without necessitating formal legal representation, meaning hiring an attorney would be optional.
However, many users are finding that instead of a promised land of easy-to-use tools and streamlined, simple processes, the CCB has been more of a mirage where users are struggling to understand the necessary elements needed to make a proper legal claim of copyright infringement. Many cases are being dismissed before the alleged infringer is even made aware that a filing has been made.
Now the Copyright Office is actively seeking comments on the CCB’s performance. If you have had an experience with the CCB—good, bad, or otherwise—now is your chance to make your voice heard.
Kristyn Webb is an attorney with Fishman Stewart’s Copyright Practice Group, and holds a master’s degree in copyright law from King’s College London.
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