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
Comerica Park becomes Fifth Third Park in 2027. Here’s how stadium naming rights work as IP licensing and what Fifth Third gains beyond fan approval.
As any trademark lawyer will tell clients considering a rebrand, the adoption of any new trademark involves risk. A search can identify potentially conflicting trademarks that could pose problems for use and/or registration of a new trademark.
Why would the United States grant inventors exclusive rights to their creations while simultaneously seeking to promote competition and innovation? The answer lies in the Patent Act of 1790, which established a framework that still shapes patent law today.
Before a brand makes headlines for the right reasons, it helps to make sure someone else doesn’t already own the name. A recent dispute involving Tesla offers a timely reminder that a great brand name can become an expensive problem.
One second became a surprisingly complicated piece of technology, intellectual property and sports governance in the 2026 collegiate season opening game.
With the end of Hot Dog Season quickly approaching, now is a good time to reflect on the innovative new growth that made this season what it is today.
The Ninth Circuit just reversed course on Jack Daniel's dilution claim against the 'Bad Spaniels' dog toy, vacating the injunction and ruling that parody humor alone doesn't prove reputational harm. Here's what the decision means for brand owners pursuing tarnishment claims.
The trading card industry is booming again - and what makes this moment different is not who holds the cards, literally and figuratively, but how the trading card space is rapidly evolving.
Imagine paying millions of dollars for the naming rights to a stadium—only to have your brand hidden behind a giant white tarp. That’s exactly what happened to Levi Strauss during the 2026 FIFA World Cup.
As we celebrate our nation’s birthday on July 4th, many communities are replacing or supplementing traditional fireworks with drone-based light shows - which prompts the question of intellectual property protection.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
