Copyright and Fair Use: Copyright Claims Board

Adapted from University of California, “If you receive a Copyright Claims Board notice,” distributed under a CC BY-NC license and UC Berkeley Library, “What you need to know about copyright ‘small claims,’” distributed under a CC BY-NC license

The Copyright Claims Board (CCB) was established in 2022 by the Copyright Office at the direction of Congress. The CCB hears “small claims” copyright disputes involving not more than $30,000 in damages. If you receive a valid CCB notice, that generally means that someone is asserting you have infringed their copyright and has filed a claim at the CCB seeking redress. You have the right to opt out of having that claim heard by the CCB, but if you wish to do so, you must opt out on a timely basis. Please, do not ignore a CCB notice. Contact the Office of  General Counsel promptly if you receive a CCB notice related to your work at Rice.

Why did you receive a CCB notice?

In most CCB cases, the person who initiates the case (the “claimant”) is claiming that the person receiving the notice (the “respondent”) infringed the claimant’s copyright. There are many ways in which members of the Rice community use works protected by copyright in the course of teaching, learning, and research, and it is possible that someone will claim that one of these uses was an infringement and file a claim with the CCB.

If you receive a CCB notice, it does not necessarily mean that you have infringed someone’s copyright. The claimant might not be right, either about the facts or about the law. To give just one possible scenario, the author of a book might claim that an instructor infringed their copyright by sharing part of their book online. In such a case, the instructor’s sharing of the author’s work might have been infringement of the author’s copyright; on the other hand, it might have been fair use, or the infringement claim could fail for other reasons.

If you receive a claim notice

What will the notice look like?

A genuine CCB case notice will include:

1. A URL for one or more pages on the CCB website at ccb.gov.
2. A docket number. You can go to the CCB website and enter the docket number on your notice, and the information on the website should match the information on your notice.

What are your options?

If you receive a properly-served notice, do not ignore it. If you ignore it and do nothing, the case will proceed in the CCB, and a default judgment can be entered against you. This means that the CCB can enter a judgment holding you responsible for all the damages claimed in the notice (up to $30,000), regardless of whether the assertions are true or whether you could have claimed any defenses.

To avoid a default judgment, you will need to respond in the time prescribed by the notice. You can choose to respond in one of two ways:

• Proceed within the CCB tribunal. If you proceed, the case will be heard by the CCB. The CCB predicts that most cases will be handled completely online, so you will not need to travel to Washington D.C. (where the U.S. Copyright Office is physically located). You will be bound by the CCB’s decision. If the claimant wins, you may have to pay up to $15,000 for each infringed work, with a maximum cap of $30,000. CCB determinations are final. There are only limited circumstances—such as fraud, corruption, and misrepresentation—when a CCB determination can be reviewed by a federal court or the Copyright Office.
• Opt out of the CCB proceeding. It’s important to understand that, if you opt out, the copyright claimant cannot restart the same claim against you in front of the CCB. So, if you opt out of the CCB, the claimant can either stop pursuing the matter entirely or decide to file suit against you in federal court (assuming they meet all of the federal court filing requirements). Federal court is more expensive and complex than the CCB’s small claims process, so many small claimants may not want to incur the expense or may feel that their allegations will not survive scrutiny in federal court.

If you decide to opt out, you must mail the paper opt-out form provided with your notice, or complete an online opt-out form on the CCB website, within 60 days of service. Note that if you decide to opt out, your decision applies only in response to that particular claim you received.

Where can you get help or more information?

If you’re a Rice staff member, and the claim is related to your work, contact the Rice Office of General Council promptly.

Fondren Library Digital Scholarship Services can also answer questions about how the law works, but cannot dispense legal advice to you. You can contact us with questions at cds@rice.edu.

The U.S. Copyright Office provides additional information on their Copyright Claims Board Frequently Asked Questions page.