Copyright: The CASE Act and the Copyright Claims Board

The Copyright Claims Board is a three-person board established by the CASE Act "to resolve copyright disputes of a relatively low economic value as an efficient, less expensive alternative to federal court."  CCB hearings are virtual, requiring no travel. The proceedings are meant to be relatively simple, so that participants may represent themselves, although they may hire lawyers if they wish. Damages are limited to $30,000 per case. It is expected that many more claims for infringement of copyright, including more frivolous claims, will be filed through the CCB than are pursued through the courts due to the low cost and ease of filing.

Here is the basic process:

1. Claimants (the people filing claims) submit their claims through an electronic filing and case management system, eCCB.
2. A CCB staff attorney then reviews the claim for compliance with laws and regulations. This review does not determine the merits of the case.  According to the CCB website, it just ensures the claim provides enough information for the respondent (the party allegedly infringing the claimant's copyright) to respond and that "it complies with the Copyright Act and the CCB's regulations."
3. The claimant then sends their claim to the respondent, formally notifying or "serving" them. A genuine notice will have a URL for one or more pages on the CCB website (ccb.gov) and a docket number (go to "CCB Access a Claim" to search for cases--click on Login/Register; you will be able to search without actually logging in or registering).
4. The respondent then usually has 60 days to decide whether to participate or opt out using a form available on eCCB or a paper form.  If the claimant opts out, the CCB dismisses the claim, but the respondent does still have the ability, if they choose, to file a case through the federal courts.
5. If the respondent has not opted out within the time allowed, the claim becomes "active." The CCB will issue an initial order to the claimant to pay a filing fee and order participants to register for eCCB and link their accounts to the case.
6. The CCB will then issue a scheduling order. The respondent will need to file a response in eCCB.
7. There are several virtual conferences with a copyright claims officer (usually held via Zoom), and the claimant and respondent may exchange information and documents.
8. The parties will present their cases through written position statements, witness statements, and documentary evidence.
9. The CCB will then rule on the claim by issuing a formal determination.

If you are served a CCB notice, it does not mean that you have actually infringed anyone's copyright. You may have done so, but there also are exceptions to copyright law that support the use of materials for teaching, scholarship, and research, including fair use, and these are a legitimate defense.  Additionally, not everyone who makes a copyright claim actually owns the copyright to the material they claim. In any case, it is important that you respond. DO NOT IGNORE A CCB NOTICE!  It will not just go away if you ignore it. You may opt out of having the case decided by the CCB, but you need to do so within 60 days of receiving the notice.

Work-related: If the notice is related to your work at Salisbury University, immediately contact the Office of the General Counsel at x8-2331. CCB claims cannot be brought against state universities and their employees to the extent that the allegedly infringing action occurred within the scope of employment. However, a response to the CCB is still needed.

Not work-related: If the notice is not work-related, you may or may not choose to opt out of participating. The CCB has laid out some factors to consider when making a decision about opting out. You will find them on its Respondent Information page. The CCB doesn't mention that you have rights in a federal court case that you do not have in a CCB case, including the right to a jury trial, complete discovery, and judicial appeal, among other rights. On the other hand, a CCB case is considerably simpler and faster, so those rights may not be important for you in this situation.

You may find useful information on the following pages:

CCB Handbook --this has detailed information on every aspect of the CCB, including how to opt out, how to respond, etc.

CCB Frequently Asked Questions

CCB Proceeding Phases -- this outlines the various steps once a case becomes active, that is, after the claimant has filed proof of service and the respondent has not opted out.

Claimant Information -- this will tell you how to file a claim, if you believe someone has infringed on a copyright you own.

Respondent Information -- this will give you some issues to consider in deciding whether or not to opt out and also a brief overview of how to respond to a claim and file a counterclaim.

If you are served a CCB notice, it does not mean that you have actually infringed anyone's copyright. You may have done so, but there also are exceptions to copyright law that support the use of materials for scholarship and research, including fair use, and these are a legitimate defense.  Additionally, not everyone who makes a copyright claim actually owns the copyright to the material they claim. In any case, it is important that you respond. DO NOT IGNORE A CCB NOTICE!  It will not just go away if you ignore it. You may opt out of having the case decided by the CCB, but you need to do so within 60 days of receiving the notice.

The CCB has laid out some factors to consider when making a decision about opting out. You will find them on its Respondent Information page. The CCB doesn't mention that you have rights in a federal court case that you do not have in a CCB case, including the right to a jury trial, complete discovery, and judicial appeal, among other rights. On the other hand, a CCB case is considerably simpler and faster, so those rights may not be important for you in this situation.

You may find useful information on the following pages:

CCB Handbook --this has detailed information on every aspect of the CCB, including how to opt out, how to respond, etc.

CCB Frequently Asked Questions

CCB Proceeding Phases -- this outlines the various steps once a case becomes active, that is, after the claimant has filed proof of service and the respondent has not opted out.

Claimant Information -- this will tell you how to file a claim, if you believe someone has infringed on a copyright you own.

Respondent Information -- this will give you some issues to consider in deciding whether or not to opt out and also a brief overview of how to respond to a claim and file a counterclaim.