The Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 is the latest federal law regarding copyright law. This act created a Copyright Claims Board (CCB) that offers a low cost alternative to federal court for bringing suit for alleged copyright infringement. The CCB began accepting cases in June 2022. A number of cases are pending as of the posting of this blog.
This CCB is made up of a three-member tribunal that is empowered to resolve copyright infringement claims using an electronic filing and case management system. The members of the tribunal are David Carson, Monica McCabe, and Brad Newberg. The party that is accused of infringement will have the option of “opting in” or “opting out” of the procedure if the CCB decides that the claim is compliant with applicable laws and regulations. This is a major departure of claims filed in federal court.
The copyright owner must file an application for copyright registration before a case may be filed with the CCB. Awards may be up to $30,000 in total if a work is already registered, meaning that the owner has received a copyright notification from the US Copyright Office. Awards may be up to $15,000 in damages if copyright registration is made concurrently with the CCB filing.
The process for filing a claim is spelled out in a handbook that can be accessed and downloaded chapter by chapter at https://ccb.gov/handbook/. A summary of claimant information needed before filing a claim also is provided.
The CCB website also has a video that provides a brief, easy to understand, overview of the exclusive rights that US copyright law gives to the creators of original works.
Lastly, Jonathan Bailey offers an interesting blog, Plagiarism Today, that is following the proceedings and offers insights and perspectives into the CASE Act of 2020. He is reviewing the types of cases that initially are being brought before the CCB.