When a copyright holder believes that another person or business is making unauthorized use of their original work protected by federal laws, they may file an infringement case with the United States Copyright Office. While historically copyright claims have been litigated in federal court, recent changes simplify the processes to protect your intellectual property rights under United States copyright laws. In 2020, the Copyright Alternative in Small-Claims Enforcement, or CASE Act, launched the Copyright Claims Board (CCB). The board is a voluntary alternative to federal court proceedings to settle disputes for up to $30,000 and is headquartered at the Copyright Office; however, CCB proceedings are remote affairs that do not require copyright holders or parties accused of copyright infringement to travel to the physical location of the Copyright Office. Call (929) 724-7529 to speak with an experienced intellectual property lawyer in Chicago at Sullivan & Carter, LLP, to learn more about the Copyright Claims Board.

About the Copyright Claims Board

The United States Copyright Office administers the CCB, which handles copyright disputes in the small claims category exclusively. Damages for cases dealt with through CCB are $15,000 per work, with a maximum case limit of $30,000. The types of claims the CCB considers include the following:

• Claims for damages based on infringement of exclusive rights provided by the Copyright Act
• Declaration of noninfringement claims to confirm they are not liable for infringement under United States law
• Misrepresentation claims in response to takedown notices without merit
• All legal or equitable defenses under copyright law or otherwise available
• Claims involving the lawful and fair use defenses provided by United States copyright law

What Kind of Claims Can be Brought Before the CCB?

The claims copyright holders or individuals facing meritless takedown notices may bring before the CCB fall into three broad topical categories. These are: infringement, noninfringement, and misrepresentation.

Infringement Claims

Copyright owners may file infringement cases against individuals, organizations, or other legal entities they allege are infringing on their exclusive rights by using their work unlawfully. The CCB provides an alternative for those hesitant to pursue litigation through the federal courts, as the CCB process can be by offering more straightforward, and less expensive, than a federal court case. While legally parties alleging infringement are allowed to represent themselves in federal copyright cases, pro se representation in federal district courts often proves time-consuming, cost-prohibitive, and emotionally taxing for those not trained as professional litigators, and as a result the number of people who successfully represent themselves in federal copyright infringement cases remains small. The CCB’s lower bar to entry makes it much easier, by comparison, for individuals and small businesses to represent themselves in copyright proceedings.

Declarations of Non-Infringement

Declarations of noninfringement are for those facing accusations of infringement by copyright owners. Parties who are threatened with legal action, or who have reason to believe they may soon face takedown notices filed under the Digital Millennium Copyright Act (DMCA), may file a claim with the Copyright Claims Board requesting a Declaration of Noninfringement. The CCB will review the case and, if the board agrees with the declarant’s position, will issue a statement affirming that the declarant’s activity does not constitute infringement of the copyright holder’s exclusive rights to their intellectual property under the terms of United States law.

Misrepresentation Claims

After receiving a DMCA takedown notice, those accused of copyright infringement may challenge the notice if they believe the party intentionally gave misleading information to the CCB. Likewise, creators receiving counter-notices from someone they believe is knowingly misrepresenting the facts can file a Section 512(f) misrepresentation claim with the CCB. An attorney at Sullivan & Carter, LLP may be able to answer questions about the different options for relief available through the Copyright Claims Board.

Copyright Infringement Defense

The most effective defense to use depends on the case details, but some common strategies include:

• Protection under the fair use doctrine
• Provide evidence that the accused created the work and is innocent of the claim of infringement
• License agreement obtained to use the material
• The assertion is that the copyright owner is misusing their rights under the legislation
• The statute of limitations allows copyright owners three years to file infringement claims, and that time has passed

Understanding the proper steps to take after receiving notice of a copyright infringement claim is essential for protecting your rights and reputation by resolving the issue quickly.

What is Fair Use?

The "Fair Use Doctrine" may be used as an affirmative defense against infringement claims filed by the owner of original works. The legal concept of “fair use” allows parties other than the copyright owner to use copyrighted material in specific circumstances, including news reporting, teaching, comment or criticism, and research. However, per the guidance of the organization, Copyright Alliance, each alleged instance of copyright infringement is considered on a case-by-case basis, and the CCB will consider whether certain elements persist, including:

• The purpose of using the copyrighted material, including whether it is for non-profit, educational objectives or commercial use for monetary gain
• The nature of the original copyrighted material
• The portion of content used from the copyrighted material
• How the use of protected material will affect the value of the original works

Each factor is considered carefully. However, some hold more weight than others in the final decision regarding copyright infringement cases. Unfortunately, users risk copyright infringement accusations when they fail to take the necessary precautions.

How To Avoid Copyright Claims on YouTube

Copyright claims on YouTube result from using copyrighted music to elevate the quality of an advertisement without permission from the owner of the original work. New and small business owners commonly use YouTube for advertisement as the platform offers a simple way to reach millions of potential clients. Users can avoid copyright cases or strikers on YouTube by following a few measures to avoid copyright infringement:

• Posting only music or other original works they own exclusive rights to use or they find on public domains
• Seek permission to use the copyrighted material from the owner
• Understanding and adhering to YouTube community rules and guidelines

Users may also receive YouTube strikes against the content they post. That means the owner of the original work with copyright protection under the law submitted a takedown request. While YouTube considers the first strike a warning, users can face legal trouble if it occurs again. The platform may require users to complete a Copyright School course to prevent them from additional infringement issues.

Call an Experienced Intellectual Property Attorney Today

Copyright laws protect authors and creators by granting them exclusive rights to use their material. While the federal courts once handled all infringement cases, the CCB provides a more convenient, quick, and low-cost way to file cases against infringers or protect yourself against someone else's claim. A seasoned intellectual property lawyer Sullivan & Carter, LLP experienced in copyright cases may be able to answer your questions about the Copyright Claims Board; call (929) 724-7529 to schedule a consultation.