IP Goes Pop! – Streamlining Copyright Disputes: The Copyright Claims Board

In the latest episode of IP Goes Pop!, co-hosts Michael Snyder and Joseph Gushue are joined by special guests from the U.S. Copyright Office, Brittany Lamb, Attorney-Advisor in the Office of the General Counsel, and John Riley, Assistant General Counsel, as they dive into the evolving landscape of providing additional access for certain copyright claims, focusing on the Copyright Claims Board (CCB). Learn how the CCB makes the copyright claim system accessible for more people and why it was created, directly from the experts who contributed to its development.

The conversation kicks off with an exploration of the court system for non-attorneys, pop culture-style. From iconic shows like The People’s Court with the legendary Judge Wapner, to Judge Judy, to the humorous mock trial featuring Judge “Judge” Reinhold in the TV show Arrested Development, there has always been an interest in providing a forum where people’s cases can be heard, without going through the usual court systems.

The discussion turns to the Copyright Office’s CCB, established in 2020 as an alternative forum for copyright disputes under the Copyright Alternative in Small-Claims Enforcement Act (The CASE Act). With this new venue, parties can file certain copyright claims under a streamlined and more cost-effective system.

Throughout this episode, the panel examines the purpose, processes, and procedures of the CCB. Listeners will learn about this alternative to litigation in Federal Court for both copyright owners and responders, the qualifications for the CCB tribunal, the types of eligible copyright claims that can be filed with the CCB, and the threshold for damages awarded. Our Copyright Office guests will also guide listeners through topics such as the Digital Millennium Copyright Act, whether a copyright registration is necessary to file with the CCB and the fees involved in the process.

In plain language, Brittany and John explain the process available to “everyday” copyright owners, many of whom rely on their ability to license or sell their works for a livelihood. They walk through the timeline of events involved in a CCB claim and why they believe this new system will allow more people to exercise their IP rights. Listeners will learn about the options available if a CBB claim is filed against you, including the possibility to opt-out, being able to use Fair Use as a defense, and the overall benefits of the virtual nature of all CCB proceedings.

Since the first complaint was filed in June 2022, two determinations have been rendered by the CCB. This considerably expedited process demonstrates early indications of success as a voluntary alternative to Federal Court. To date, claims from 37 states have been filed, showcasing the increased accessibility and geographic reach offered by the CCB.

Whether you are a copyright holder, content creator, or simply curious about an alternative forum for addressing copyright disputes, this enlightening IP Goes Pop!  episode will get you up to speed on the Copyright Claims Board and how it makes copyright claims more accessible for all.

Want to learn more about the Copyright Claims Board?

Explore the resources provided and approved by the U.S Copyright Office below:

Episode Timestamps:

1:23 Setting the Table: Access to the Legal System

4:53 U.S. Copyright Office Guests

  • Brittany Lamb, Attorney Advisor in the Office of the General Counsel
  • John Riley, Assistant General Counsel at U.S. Copyright Office

6:10 The Copyright Claims Board (CCB)

  • Comparison as to costs and barriers of litigation
    • For owners and users

12:49 Processes & Procedures of the CCB

  • Qualifications for officers
  • Eligible claims and where to file
  • Digital Millennium Copyright Act
  • Do you need a lawyer?
  • Do you need a copyright to file?
  • What fees are involved to file

21:44 What if someone files a claim against you?

31:32 Current Progress of CCB Launch

  • Claims in 37 states
  • Increased accessibility

34:35 Final Thoughts

 

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