Copyright Claims Board vs. Federal Court

The Copyright Claims Board, often called the CCB, is a smaller copyright claims process run through the U.S. Copyright Office. It was created as a more streamlined and lower-cost alternative to federal court for certain copyright disputes.

• The CCB is voluntary.
• The person or business accused of infringement can opt out.
• If the respondent opts out, the CCB case does not move forward in the CCB.
• The CCB is usually more streamlined than federal court.
• The process relies heavily on written submissions.
• Attorneys are allowed but not always required.
• The CCB can hear claims involving copyright infringement, declarations of non-infringement, and some DMCA misrepresentation claims.
• The total damages cap in a standard CCB proceeding is $30,000.
• There is also a smaller claims track for claims of $5,000 or less.
• The CCB generally cannot issue the same broad injunctions that federal courts can.
• The CCB may be helpful for artists with smaller claims who want a more accessible process.

To bring a CCB claim, the work must either already be registered with the U.S. Copyright Office or the artist must have submitted a completed copyright registration application. However, the CCB generally cannot issue a final decision until the Copyright Office has acted on the registration.

• A completed pending application may allow an artist to start the CCB process.
• A final CCB determination generally requires the registration to be issued.
• If registration is refused, the CCB claim may be dismissed without prejudice.
• Artists should track whether their work is registered, pending, refused, or unknown.
• Registration status can affect what options are realistically available.

In the CCB, damages are capped. This means even if the artist believes the infringement caused more harm, the CCB cannot award more than the maximum allowed amount.

• Standard CCB proceedings are capped at $30,000 total.
• Statutory damages may be up to $15,000 per work if the work was registered on time under the relevant copyright timing rules.
• Statutory damages may be up to $7,500 per work if the work was not registered within the timing rules that usually preserve full statutory damages.
• The CCB does not increase statutory damages for willful infringement in the same way federal court can.
• The CCB can be useful, but it is not the same as a full federal lawsuit.

A federal copyright lawsuit is a formal lawsuit filed in federal court. Copyright infringement cases are generally handled in federal court, not state court. This path can offer stronger remedies, but it is also more expensive, more complex, and usually requires an attorney.

• Federal court is more formal than the CCB.
• Federal lawsuits can involve pleadings, motions, discovery, hearings, settlement negotiations, and trial.
• Federal court can be more expensive and time-consuming.
• A respondent cannot simply opt out of a federal lawsuit.
• Federal court may allow broader remedies, including injunctions, actual damages, infringer profits, statutory damages, costs, and attorney's fees when available.
• Federal court is often a better fit for higher-value claims, repeated infringement, willful infringement, or matters requiring stronger court orders.

For U.S. works, an artist generally needs the Copyright Office to approve or refuse the copyright registration before filing a federal copyright infringement lawsuit. Filing an application alone is usually not enough to start a federal lawsuit for a U.S. work.

• Registration matters before filing a federal lawsuit.
• If the Copyright Office approves the application, the artist receives a registration certificate.
• If the Copyright Office refuses registration, the artist may still have certain options, but the refusal becomes part of the legal analysis.
• Artists should not wait until a problem happens to think about registration.
• Registration timing can affect whether statutory damages and attorney's fees are available.

In federal court, copyright damages can be much higher than in the CCB, but the process is also more serious, more expensive, and more complex.

• Actual damages may include the artist's real financial harm.
• Infringer profits may include profits connected to the unauthorized use.
• Statutory damages generally range from $750 to $30,000 per infringed work.
• If infringement is proven to be willful, statutory damages can be increased up to $150,000 per work.
• If infringement is considered innocent, damages may be reduced as low as $200 per work.
• Courts may also award costs and attorney's fees in some cases.
• Timing of copyright registration is extremely important for statutory damages and attorney's fees.

If you are an independent artist, the most important thing is to document everything and understand your registration status. A social media post may disappear. A business may delete content. A platform may remove audio. Screenshots, screen recordings, URLs, dates, account handles, business names, and proof of ownership can all matter. GeeseTrace Intake helps organize that information so it can be reviewed more clearly.