Is the Copyright Small Claims Court Useful?
Rhymes and Copyrights
The Copyright Claims Board (“CCB”) offers businesses a new middle-ground option for enforcing copyrights, positioned between DMCA takedowns and full federal litigation. Created under the CASE Act, the CCB functions as a voluntary, online small-claims tribunal designed to provide a lower-cost and more accessible enforcement mechanism for smaller copyright disputes.
What the Copyright Claims Board Is and How It Works — The CCB hears only three types of claims: copyright infringement, declarations of non-infringement, and DMCA misrepresentation claims. Proceedings are conducted remotely, damages are capped at $15,000 per work and $30,000 per claim, and respondents may opt out within 60 days, ending the case without prejudice. While still relatively new, the CCB has begun issuing proposed default determinations and is expected to deliver its first final rulings soon.
Procedural Advantages and Limitations — Filing fees are minimal, representation is flexible, and claims are screened by a Copyright Claims Attorney before service. The process includes optional mediation and tolls the statute of limitations, which can be strategically valuable for copyright owners awaiting registration. However, delays, opt-outs, limited damages, and the general unavailability of attorneys’ fees make the CCB unsuitable for high-value or complex disputes.
When the CCB Makes Sense—and When It Doesn’t — The CCB can be an efficient enforcement tool for small claims or repeat low-level infringement, particularly where cost control and convenience are priorities. But for cases involving significant damages, urgent relief, or defendants likely to opt out, traditional federal litigation may remain the better option.
For more information, see our blog post The Copyright Small Claims Court Provides Additional Solution for Enforcement.
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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