What Is the Copyright Claims Board?
The Copyright Claims Board (CCB) is a tribunal within the U.S. Copyright Office that provides a faster, more affordable alternative to federal court for resolving copyright disputes. Established by the CASE Act of 2020 and operational since June 2022, the CCB handles claims involving up to $30,000 in damages.
Think of it as a small claims court for copyright cases. The proceedings are conducted entirely online, the filing fees are minimal, and you can participate with or without an attorney — though having a Copyright Claims Board attorney can significantly improve your chances of success.
What Types of Claims Can You File?
The CCB handles three types of claims:
- Copyright infringement claims — Someone copied, distributed, displayed, or performed your copyrighted work without permission.
- Declarations of non-infringement — You want a formal ruling that your work does not infringe someone else's copyright.
- DMCA misrepresentation claims — Someone filed a false or abusive DMCA takedown notice against your legitimate content under 17 U.S.C. § 512(f).
Requirements Before You File
Before you can file a claim with the Copyright Claims Board, you need:
- A copyright registration or pending application. Unlike federal court, the CCB allows you to file with a pending registration application. However, having an issued registration strengthens your claim and may affect the damages you can recover.
- Evidence of infringement. Screenshots, URLs, timestamps, download records, or other documentation showing the unauthorized use of your work.
- The respondent's identity. You need to know who infringed your work — whether an individual, a company, or a website operator.
Step-by-Step: Filing Your CCB Claim
How Long Does a CCB Case Take?
Most Copyright Claims Board cases conclude within 6 to 12 months from filing to final determination. This is dramatically faster than federal court copyright litigation, which typically takes 2-3 years and can cost $150,000 or more just through discovery.
CCB vs. Federal Court: A Quick Comparison
Cost: CCB filing fees total about $100 versus $400+ for federal court, plus dramatically lower attorney fees due to simplified procedures.
Time: CCB cases typically resolve in 6-12 months versus 2-3 years in federal court.
Damages: The CCB caps damages at $30,000 per proceeding. Federal court has no cap and allows higher statutory damages (up to $150,000 per work for willful infringement).
Procedure: The CCB is entirely virtual with simplified rules. Federal court requires in-person appearances, full discovery, and formal litigation procedures.
Enforcement: CCB determinations are binding but must be confirmed by a federal court to be enforced. Federal court judgments are directly enforceable.
When Should You Use the CCB vs. Federal Court?
The CCB is a good fit when: your damages are under $30,000, you want a faster and less expensive resolution, the infringement is relatively straightforward, and you don't need an injunction (the CCB cannot order someone to stop infringing — only federal court can do that).
Federal court is better when: your damages exceed $30,000, you need an injunction to stop ongoing infringement, the case involves complex legal issues, or the infringer is unlikely to comply voluntarily with a CCB determination.
Frequently Asked Questions
How much does it cost to file a Copyright Claims Board claim?
The initial filing fee is $40, with a second fee of $60 due later in the process. Total filing costs are approximately $100, far less than federal court litigation.
Do I need to register my copyright before filing with the CCB?
You must have either a registered copyright or a pending application. Unlike federal court, the CCB allows you to file with a pending application, though registration strengthens your claim.
How long does a Copyright Claims Board case take?
Most CCB cases conclude within 6-12 months, significantly faster than federal court copyright litigation which can take 2-3 years.
Can the respondent opt out of a Copyright Claims Board case?
Yes. Respondents have 60 days after being served to opt out of CCB proceedings. If they opt out, you can still pursue your claim in federal court.
What is the maximum amount I can recover at the Copyright Claims Board?
The CCB can award up to $30,000 total per proceeding, and up to $15,000 per work infringed. For timely registered works, statutory damages up to $15,000 per work are available.
Need Help Filing a Copyright Claims Board Claim?
We guide clients through every step of the CCB process — from initial filing to final determination.