Copyright Claims Board vs Federal Court
How the Copyright Claims Board compares to federal copyright litigation on cost, timeline, remedies, and procedure — and how to choose.
The Copyright Claims Board (CCB) and federal court are the two main venues for enforcing music copyrights. Neither is universally better — it depends on the size of the matter, the strength of the evidence, whether the respondent will engage, and how much cost and time you're prepared to invest.
At a glance
- Damages cap: CCB capped at $30,000 total. Federal court has no cap.
- Filing fees: CCB is $100 total. Federal court filing is roughly $405, plus service.
- Attorney requirement: Neither requires an attorney, but federal litigation is very hard to handle pro se.
- Opt-out: CCB respondents can opt out. Federal defendants cannot.
- Timeline: CCB matters often resolve in a year or less. Federal cases can take several years.
- Statutory damages: Available in both venues for registered works.
- Injunctive relief: Federal court can issue injunctions. CCB cannot.
When the CCB is a good fit
- Smaller commercial uses (individual posts, single-campaign infringement).
- You can't (or don't want to) invest in federal litigation costs.
- You believe the respondent will engage rather than opt out.
When federal court is a better fit
- Damages likely exceed $30,000.
- You need an injunction to stop ongoing infringement.
- The respondent is likely to opt out of the CCB.
- The matter involves multiple works or willful, systematic infringement.
Frequently asked questions
Can I file in both?+
Does the CCB decision bind me if I lose?+
Can attorney's fees be recovered?+
Think your music has been used without permission?
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Informational intake only. Not legal advice. No attorney-client relationship is created.
This article is provided for general educational purposes only. It is not legal advice, and reading it does not create an attorney-client relationship. Copyright law is fact-specific — consult a licensed attorney about your situation.