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Copyright Claims Board: Now Entering the "Active Phase"
2023 is shaping up to be a big year for small claims. Since making its debut in June of 2022, the Copyright Claims Board (CCB) has received over 250 claims, and at least 11 have made it to the "active phase," with more on the way. Active phase means a respondent was served, failed to "opt out," and now the esteemed three-member tribunal of copyright experts may finally get a chance to make some rulings.
The Copyright Claims Board (CCB) was introduced as part of the Copyright Alternative in Small Claims Enforcement Act (CASE Act) passed in December of 2020. The Act directed the U.S. Copyright Office to establish a small claims court that would serve as a more efficient, less expensive alternative to federal proceedings. The drawback, however, is that damages and remedies for copyright infringement would be limited, too. After years of speculation about the CCB's potential impact, the IP world now has a docket full of claims demonstrating in real time who is taking advantage of the Board and how those claims are handled. Even without a final ruling on the books, there is a lot we can learn for these initial cases.
CCB Versus Federal Claims
Before diving into the docket, let us consider what factors might incentivize (or dissuade) creators from filing a claim with the CCB instead of federal court.
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