Deeplinks
A new quasi-court for copyright, with nationwide reach, began accepting cases this week. The “Copyright Claims Board” or “CCB,” housed within the Copyright Office in Washington DC, will rule on private copyright infringement lawsuits from around the country and award damages of up to $30,000 per case. Though it’s billed as an “efficient and user-friendly” alternative to federal litigation, the CCB is likely to disadvantage many people who are accused of copyright infringement, especially ordinary internet users, website owners, and small businesses. It also violates the Constitution in ways that harm everyone.
Even if this were a perfect process, there is bound to be confusion when a whole new regime for demanding money springs up. And the rules surrounding the CCB are far from perfect, so we want to hear from people who are hauled before the CCB. If you feel you’ve been wronged by the CCB process, please email info@eff.org and let us know.
It’s Voluntary—Except When It Isn’t
The Copyright Office calls the CCB a “voluntary” system. Copyright holders can choose to bring infringement cases in the CCB as an alternative to federal court. And those accused of infringement (called “respondents” here, rather than defendants) can opt out of a CCB proceeding by filing forms within a 60-day window. If a respondent opts out, the CCB proceeding goes no further, and the rightsholder can choose whether or not to file an infringement suit in federal court. But if the accused party doesn’t opt out in time, they become bound by the decisions of the CCB. Those decisions mostly can’t be appealed, even if they get the law wrong.
Although cases will vary, we think most knowledgeable parties will choose to opt out of the CCB process—again “knowledgeable.” The concern about this system mostly hurting regular users, website owners, and small businesses that don’t have staff who have been watching the CCB unfold cannot be understated. Every reason a knowledgeable party might decide to opt out is also a complicated legal issue that the average person should not be expected to know.
Not-So-Small Claims
Damages awards at the CCB will be limited to $15,000 per claim and $30,000 per case. That’s sm
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