The Copyright Claims Board (CCB) is about to launch (June 16). Although I have written about my concerns (see previous post), that doesn’t mean I won’t be available to clients who wish to pursue claims through that process. It is a legitimate legal process, definitely an option to all but especially to those who have not timely registered their works, who will now be able to elect limited statutory damages* (unlike in federal court), and I intend to help as many of you though it as I can.
(* To quote from the CCB itself: In a CCB proceeding, the amount of statutory damages cannot exceed $15,000 for each work infringed. Because the overall cap on CCB awards is still $30,000, however, you will not be able to recover more than that amount no matter how many works are involved in the proceeding. The caps for statutory damages will be lower if you do not register the work(s) within the timeframe established in section 412 of the Copyright Act: $7,500 per work and $15,000 per proceeding. These are all upper limits; a successful claimant will not always be awarded these full amounts. And unlike in federal court, the infringer’s knowledge or intent is not considered in determining the amount.)
Although you don’t need to have a lawyer to use the CCB system, I would advise using one anyway. Like all things legal, there are details to look out for and it will save you time and angst if you hire someone to help. Particularly early on, I think having counsel would be the smart thing to do since there are bound to be bugs in the system and having someone who understands the related law and rules in detail will help navigate any surprise issues.
I will be taking select cases starting day 1 of the system. I say “select cases” not only for my usual review of “Is this a viable case and can I help on a contingency fee basis?” but also because I am limited to 40 CCB cases per year–total. This is a hard-line and all attorneys are limited to that number, per attorney. Firms of 2 or more lawyers are limited to a total of 80 cases per year.
I’ll be posting more about how the system works, or doesn’t, as I learn about the process from my own experience as well as from others who file claims in the CCB. As the old radio shows used to tease: stay tuned!
Regardless, I still highly highly highly encourage all creatives to register works with the USCO as soon as possible after creation. Today is better than never, even for older works! Remember that timely registered works open more doors to you, including higher statutory damages than you can get from the CCB.
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