Guides · Copyright Litigation
The Copyright Claims Board
The Copyright Claims Board is a voluntary small-claims tribunal in the Copyright Office, created by the CASE Act of 2020.
· Law checked through October 21, 2026
In Short
It hears infringement claims, declarations of noninfringement, and misrepresentation claims over takedown notices, entirely online, with recovery capped at $30,000. A respondent may opt out within 60 days. Filing costs $100 in total. The Board cannot issue injunctions, and review of its decisions is narrow.
Common situations.
- A Texas photographer finds a regional business using an image and does not want to pay for federal litigation.
- A small company receives notice of a Board claim and must decide whether to opt out.
- A creator whose video was taken down wants to pursue the sender of a false notice.
How it works.
| Feature | Rule | Source |
|---|---|---|
| Claims heard | Infringement, declarations of noninfringement, and misrepresentation in takedown notices or counter-notices; related counterclaims | 17 U.S.C. § 1504 |
| Who may be a respondent | Persons and businesses residing in the United States; not federal or state governments | § 1504; CASE Act Report |
| Registration | A registration, or an application filed before or with the claim; the Board dismisses without prejudice if registration is refused | § 1505; ccb.gov |
| Deadline | Three years, as in federal court | § 1504; ccb.gov |
| Opt-out | A respondent may opt out within 60 days after service, ending the proceeding | § 1506(i) |
| Fees | $40 at filing, plus $60 once the proceeding becomes active | 37 C.F.R. § 201.3(g) |
| Procedure | Online, with written submissions and limited discovery; no jury | ccb.gov |
| Smaller claims | Claims of $5,000 or less can be decided by a single officer under simpler procedures | ccb.gov |
A claimant with a pending application may request expedited registration for an additional $50 (37 C.F.R. § 201.3(d)).
Recovery limits.
| Item | Limit | Source |
|---|---|---|
| Total damages per proceeding | $30,000 | 17 U.S.C. § 1504(e); ccb.gov |
| Statutory damages, timely registered work | Up to $15,000 per work | § 1504(e); ccb.gov |
| Statutory damages, work not timely registered | Up to $7,500 per work, and $15,000 in total | § 1504(e) |
| Injunction | None, but the decision may require a party to stop an activity if that party agreed to stop | § 1504(e); ccb.gov |
| Attorney's fees and costs | Only for bad-faith conduct, capped at $5,000, or $2,500 against a party without a lawyer, absent extraordinary circumstances | § 1506; ccb.gov |
Review and enforcement.
- Reconsideration. A party may ask the Board to reconsider within 30 days, for a clear error of law or fact material to the outcome, or a technical mistake (17 U.S.C. § 1506).
- Register review. If reconsideration is denied, a party may ask the Register of Copyrights to review the denial for abuse of discretion (§ 1506).
- Federal court. A district court may vacate, modify, or correct a determination only for fraud, corruption, misrepresentation, or other misconduct; for the Board exceeding its authority or failing to issue a final determination; or, after a default or failure to prosecute, for excusable neglect. The request must be filed within 90 days (§ 1508).
- Enforcement. A party may ask a federal district court to confirm a determination and enter judgment if the other side does not pay (§ 1508).
A Board decision binds only the parties to that proceeding and has no precedential effect (§ 1507).
Opting out, and the risk of default.
A respondent who opts out preserves the right to a federal court and a jury, but the claimant can then sue in federal court, where recovery is not capped. The fact of opting out may not be held against the respondent there. A respondent who neither opts out nor participates risks a default determination with an award of damages. Libraries and archives may opt out of all Board proceedings in advance. See Responding to a Copyright Claim.
How the Board has been used.
Through March 2026, the Board had received 1,920 claims, 47 percent of them under the smaller-claims procedure. About two-thirds of claimants represented themselves. The most common dispositions were dismissals at compliance review (787) and for lack of valid proof of service (272), followed by respondent opt-outs (168), settlements (155), and withdrawals (154). The Board had issued 25 final determinations in contested proceedings and 22 in default proceedings. Of the claimants who resided in the United States, 129 were in Texas.
In a February 13, 2026, report to Congress, the Copyright Office found that only 43 percent of claims had been compliant as filed. It recommended statutory changes to shorten and simplify the process, including compliance review and service of process.
When the Board fits a Texas business.
| The Board may fit when | Federal court may fit better when |
|---|---|
| The claim is worth $30,000 or less | Damages could exceed $30,000, or statutory damages up to $150,000 per work are available |
| The work was not timely registered, so federal statutory damages and fees are unavailable | The owner needs an injunction or seizure |
| The respondent is a U.S. resident likely to participate | The respondent is abroad or a government body |
| The owner wants to proceed without a lawyer | The owner wants full discovery, a jury, or broad appellate review |
Sources.
- 17 U.S.C. §§ 1501-1511.
- 37 C.F.R. § 201.3(d), (g).
- Copyright Claims Board, Frequently Asked Questions (ccb.gov).
- Copyright Claims Board, Key Statistics (data from June 2022 through March 2026).
- Copyright Office, CASE Act Report (Feb. 2026).
This guide is general information, not legal advice. Law checked through October 21, 2026. See the Disclaimer.