The Copyright Claims Board (CCB) was established by law in 2020, to begin reviewing claims in 2022. The purpose of the CCB is to allow copyright holders to bring small infringement claims without having to go to federal court. It is relatively inexpensive to file a claim via the CCB, as opposed to the much greater expense of filing in federal court. Infringement claims brought to the CCB have an award cap at a maximum of $15,000 per infringement, or $30,000 total. You can find out more about the CCB here: https://ccb.gov/faq/
The following is informational only and does not constitute legal advice.
What if I receive a claim notice from the CCB?
If you receive a notice of an infringement claim from the CCB, it does not necessarily mean that you have committed an infringement. It means that someone is claiming that you have infringed their copyright. There are many legally protected ways to reuse copyrighted material in copyright law, including many exceptions for teaching, research, and educational purposes.
Initial notices of infringement claims will be delivered in Georgia in person. They will not come via email. Subsequent claim reminders may come via email.
If you receive a notice that a claim has been filed against you, do not ignore it. If you have received this notice in the course of your work activity at Georgia Tech, please contact Georgia Tech Legal Affairs. If you received a notice for an infringement for activity outside of Georgia Tech, consider contacting an intellectual property lawyer.
Persons who receive a claim notice from the CCB have two options.
Option 1) Respond (in writing or via the online form) within 60 days by agreeing to participate in the CCB's proceedings. In this case a board of three copyright officers, appointed by the Librarian of Congress, will hear the case. Cases are heard remotely online. Attorneys are not required, but are allowed.
Option 2) Opt out of having your case heard by the CCB. You have 60 days to choose to opt out of participating in the CCB process. If you choose to opt out, there are no penalties. The person bringing the claim against you would have to file a claim in federal court instead if they want to continue to take action against you.
Please note, if you ignore the notice, your claim will proceed in the CCB process, and the CCB will determine the outcome. The CCB could deliver a default award which you would be bound to comply with.
If you are a librarian or archivist at Georgia Tech Library, the institute has already opted out of CCB court proceedings on behalf of the Library and its employees.
What if my work has been infringed, and I want to file a claim?
If you own a copyright that you feel has been infringed, you can file a claim via the eCCB claim filing site. The cost to file a claim is a total of $100 ($40 for the initial fee, and an additional $60 if the claim becomes active).
Please note that this is a new system, and rules and policies of the CCB are still developing. Check back for updates, and check the Copyright Claims Board official website for the most up-to-date information.
