The resolution of copyright disputes is about to change with the initial opening of the Copyright Claims Board expected in the first half of 2022. After years of analysis, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act). A core team of attorneys, staff, and Copyright Claims Officers in the U.S. Copyright Office has worked to establish this new tribunal which will resolve copyright disputes with a monetary claim value of no more than $30,000. Whitney Levandusky ’14 is the Supervisory Attorney-Advisor who has been an essential member of the team.
Levandusky took the time to explain the Copyright Claims Board to members of the Maryland Intellectual Property Student Association (MIPSA) at a virtual event held on February 16, 2022. In creating this alternate forum, she explained the development of this dispute resolution tribunal has been an undertaking. The Copyright Office had to establish regulations to govern the CCB and its procedures including soliciting public input for rules such as addressing the initiation of proceedings, review of CCB determinations by the Register of Copyrights, publication of records, certifications, and even fees. As the first alternative to federal copyright litigation, the tribunal hopes to streamline the process for those claimants who may not want, nor be able, to seek the right of enforcement through the federal court system. The tribunal endeavors to be an efficient, cost-effective means for a fair resolution for disputes among copyright owners and users. Creating the law for the process to ensure fairness and easy access to the public has taken years, and the Copyright Claims Board has worked diligently to develop implementing rules and regulations.
Levandusky described the Copyright Claims Board as a voluntary forum for copyright owners and users to seek relief for their copyright claims involving infringement, non-infringement, and misrepresentations under the DMCA. A claimant will commence an action by filing a claim that includes a statement of material facts, which will then be reviewed by a Copyright Office attorney. Several layers of protections ensure a fair proceeding for all parties. First, the Respondent has the ability to choose whether to participate and can ‘opt out’ of the tribunal. In addition, limitations on the scope of discovery and admissible evidence, along with the expected use of virtual hearings, should result in a more expedited process than litigating in federal court. Disputes will be decided by three Copyright Claims Officers, appointed by the Register of Copyrights, based upon documentary evidence, written testimony, and an optional hearing.
A party to a proceeding before the Copyright Claims Board can be represented by an attorney, but they can also choose to proceed pro se. Alternatively, a party can be represented by a law student working in a law school clinic, who represents the party on a pro bono basis. This option may lead to exciting new opportunities for the creation or expansion of law school intellectual property law clinics.
It is currently expected that the Copyright Claims Board will begin hearing claims in the spring of 2022. The CBB website was launched on April 7, 2022 (www.ccb.gov). After the tribunal opens, additional review and analysis will be conducted to ensure that the purpose of providing an equitable, cost-effective forum is being achieved. Ms. Levandusky has a wealth of knowledge about copyright law and the new CCB, and MIPSA was very fortunate to have the opportunity to learn about this cutting-edge venue. As Ms. Levandusky observed, “this could change the IP ecosystem.”
To learn more about the Copyright Claims Board and sign up for email updates, please visit copyright.gov/about/small-claims. The provisions of the CASE Act can be found at 15 U.S.C. §§ 1501-1511.