Guides · Copyright Litigation
Copyright Litigation Resources
Official sources for checking registrations, filing takedown notices and small claims, and following the law that governs copyright cases in Texas.
· Law checked through October 21, 2026
In Short
Official sources for checking registrations, filing takedown notices and small claims, and following the law that governs copyright cases in Texas.
Copyright Office records and tools.
| Resource | What it is for |
|---|---|
| Copyright Public Records System (publicrecords.copyright.gov) | Searching registrations, effective dates, and recorded transfers |
| Compendium of U.S. Copyright Office Practices | How the Office examines and registers works |
| DMCA Designated Agent Directory (dmca.copyright.gov) | Finding where to send a takedown notice, and registering an agent for a service that hosts user content |
| Copyright Office fee schedule (copyright.gov/about/fees.html; 37 C.F.R. § 201.3) | Current filing and special handling fees |
| Copyright and Artificial Intelligence reports | Part 2 on copyrightability (Jan. 29, 2025); Part 3 on generative AI training (pre-publication version, May 9, 2025) |
Copyright Claims Board.
| Resource | What it is for |
|---|---|
| ccb.gov | Filing claims and responses, opting out, and reading Board decisions |
| CCB Handbook | Plain-language guides to each step of a Board proceeding |
The Board began hearing claims on June 16, 2022. It was created by the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 (17 U.S.C. §§ 1501-1511).
Courts.
| Resource | What it is for |
|---|---|
| PACER | Federal dockets and filings in Texas district courts and the Fifth Circuit |
| Fifth Circuit opinions (ca5.uscourts.gov) | Published and unpublished decisions |
| Local rules of the four Texas federal districts | Filing, discovery, and motion practice |
Current fees.
| Item | Fee | Source |
|---|---|---|
| Standard application (electronic) | $65 | 37 C.F.R. § 201.3(c) |
| Single application (one author, one work, not for hire) | $45 | § 201.3(c) |
| Special handling, per claim | $800 | § 201.3(d) |
| Copyright Claims Board claim | $40 at filing, plus $60 if the proceeding becomes active | § 201.3(g) |
On March 20, 2026, the Copyright Office proposed a new fee schedule that would raise the standard application fee to $85, eliminate the single application, and raise the special handling surcharge to $1,100. Check the fee schedule before filing.
Key authorities at a glance.
| Authority | Point |
|---|---|
| 17 U.S.C. § 411(a); Fourth Estate (2019) | Registration or refusal before suit on a U.S. work |
| 17 U.S.C. § 412 | Timely registration for statutory damages and fees |
| 17 U.S.C. § 507(b); Martinelli (5th Cir. 2023); Nealy (2024) | Three-year limitations period, the discovery rule, and no separate damages cap |
| 17 U.S.C. § 107; Warhol (2023) | Fair use |
| 17 U.S.C. § 512 | Takedown notices, counter-notices, and safe harbors |
| Cox v. Sony (2026) | Limits on contributory liability for service providers |
| Thomson Reuters v. Ross (3d Cir. 2026) | Fair use and AI training (non-generative) |
| Thaler v. Perlmutter (D.C. Cir. 2025) | Human authorship |
| Vetter v. Resnik (5th Cir. 2026) | Termination recaptures worldwide rights |
| Allen v. Cooper (2020); Jim Olive Photography (Tex. 2021) | Claims against Texas public bodies |
Sources.
- 17 U.S.C. §§ 107, 411(a), 412, 507(b), 512, 1501-1511.
- 37 C.F.R. § 201.3.
- Copyright Office, Notice of Proposed Rulemaking, Copyright Office Fees (Mar. 20, 2026).
- Copyright Office, Copyright and Artificial Intelligence, Part 2: Copyrightability (Jan. 29, 2025); Part 3: Generative AI Training (pre-publication version, May 9, 2025).
- Cases as cited on Copyright Litigation in Texas and Copyright Litigation Questions.
This guide is general information, not legal advice. Law checked through October 21, 2026. See the Disclaimer.