Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 25, Issue 8
Share on Social
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.
Related Content from Fishman Stewart
Women’s sports are having a moment, and not a small one. And right alongside that rise: the business of women’s sports is heating up, including some surprisingly dramatic trademark battles.
The idea that someone might “own” a piece of DNA raises a slightly uncomfortable question: can you really patent something that exists inside all of us?
Forbes reported that more than 1.5 million bots on an AI agent-driven social network appear to have created a new religion for themselves, the Church of Molt, with congregants adopting the name of “Crustafarians.”
Every March, college basketball players get an opportunity to become household sensations overnight. In today’s NIL (Name Image Likeness) era, that moment can be a once-in-a-lifetime business opportunity.
Behind the shamrocks and celebrations of St. Patrick's Day lies a surprisingly rich intersection with intellectual property.
Last week, PEI Licensing, LLC., the owner of the ORIGINAL PENGUIN brand (also known simply as PENGUIN) sued Pudgy Penguins Inc. in federal court in Florida over their respective penguin trademarks.
Matthew McConaughey recently obtained several trademark registrations with the U.S. Trademark Office in an effort to digitally capture and protect his entire persona.
Patents enable others to learn from, build upon, and improve the disclosed invention effectively. However, some have questioned whether they still work in today’s artificial intelligence (AI) landscape.
As athletes chase Olympic glory, the International Olympic Committee (“IOC”) is fighting a different battle, one over public perception and trademark law.
Golf is entering a data driven era, and the 2026 PGA Show showed that the most important IP in the game is shifting.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
