In the Consolidated Appropriations Act, incorporating the CASE Act, a new Copyright Claims Board (CCB) was established within the Copyright Office. The creation of the CCB follows a recommendation by the Copyright Office that provides a streamlined and cost-efficient means for copyright owners to enforce their rights. The Copyright Office is given one year (possible 6 month extension) to implement the the CCB and begin operations.
Copyright Claims Board
The CCB will consist of three “Copyright Claims Officers” appointed by the Librarian of Congress. The CCB will have jurisdiction over infringement claims, declarations of noninfringement, DMCA notices and takedowns and other related claims. The award granted by the CCB is capped at $30,000 and up to $5,000 attorneys’ fees may be awarded upon showing of bad faith conduct. The Copyright Office may also adopt regulations to allow a single Copyright Claims Officer to consider claims that do not exceed $5,000.
Appellate Review
A party seeking to challenge a decision made by the CCB may first seek reconsideration from the CCB. If denied, a request may be made for the Register of Copyrights to review the decision under abuse of discretion review. If circumstances where fraud or other misconduct results or the CCB exceeds its authority, an order may be sought from a federal district court vacating or modifying the CCB decision.
Social Media Influencers
Especially in the internet age, stealing social media posts, images, or memes have become easy to do, while enforcement is difficult. Once the CCB is established, the CCB will provide cost-effective ways for both e-commerce sellers and social media influencers to dispute any copyright issues. Currently, the main form of recourse is to negotiate a solution or bring an action in federal court. The CCB will become a better option for smaller businesses owners and creators.