Small Claims Copyright Board Issues Final Rules on Active Proceedings Protocols
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Published 05.26.2022
Topic
Government Relations
Regulations
The U.S. Copyright Office issued a final rule on May 17 establishing procedures governing active proceedings before the Copyright Claims Board (CCB) and post-determination procedures. Effective on June 16, 2022, the final rule provides requirements regarding procedural practice, scheduling, conferences, discovery, written testimony, hearings, settlement, default and failure to prosecute, records, post-determination procedures, conduct of parties and limits on the number of claims that can be brought. The final rule also describes the procedures for “smaller claims” and solicits public comments on these regulations until November 14, 2022. Claimants will be able to begin filing claims before the CCB later this spring, although this date can be extended to June 25, 2022. Anoters final rule governing procedures and requirements for the initial stages of a CCB proceeding including filing, opt-out, compliance review, notice, service, responses, and counterclaims was finalized in April 2022.
The CCB was created as an alternative forum to federal court for hearing copyright disputes and is designed to be accessible to individuals without much formal exposure to copyright, such as independent artists, graphic designers, songwriters, etc. It is a voluntary tribunal for those seeking the resolution of certain copyright disputes with a total monetary value of $30,000 or less. Through the CCB, litigants must mutually opt-in, meaning that if a defendant does not wish to participate in the CCB trial, the claim will not proceed. In this case, the plaintiff may still bring their case in federal court.
Agencies should familiarize themselves with the CCB procedures in the event that they are served with a notice to participate in a CCB proceeding or if they themselves wish to adjudicate a copyright infringement claim with a small creator via a less costly approach than litigation. Additional guidance on the CCB can be found here.
For questions about the Copyright Claims Board, please contact Alison Pepper.
