CASE / Copyright Claims Board

Copyright Claims Board: Alternative Avenue for "Small Claims" Copyright Infringement

The Copyright Alternative in Small-Claims Enforcement (CASE) Act established the Copyright Claims Board (CCB) which started hearing claims in early 2022. By having a small claims option, in addition to the federal court option that has always been available under copyright law, individuals such as visual artists, artists, authors, and songwriters, may have a more affordable means to defend their copyrights. The CCB has measures in place to limit “bad-faith conduct,” but this alternative legal pathway may give rise to more copyright infringement claims than previously.

Details to be aware of:

• The CASE Act and the resulting Copyright Claims Board is not a revision of copyright law or fair use–only another means of bringing an infringement claim to court.

• Valid claims will be delivered to you from the individual making the claim in-person or by mail (not email) and will also be registered through the Copyright Claims Board e-filing site.

• Just because you receive a claim, it doesn’t mean that you have infringed on copyright.

• After receiving the notice, an individual has sixty days to make decisions regarding the claim, including opting out of the proceeding. However if you opt out, the claimant could still pursue taking their claim to (the much more costly) federal court.

• If you receive a copyright infringement claim that arises from your use of resources in your day-to-day work, contact the library right away for education on your options, then we can help connect you to the appropriate individuals for legal help.

• Conversely, if you feel that there is an infringement on materials to which you own copyright and would like to pursue a small-claims decision, library staff can supply you with information resources.