{"id":24888,"date":"2022-01-21T03:00:34","date_gmt":"2022-01-21T11:00:34","guid":{"rendered":"https:\/\/writersfunzone.com\/blog\/?p=24888"},"modified":"2022-01-18T21:23:03","modified_gmt":"2022-01-19T05:23:03","slug":"the-copyright-claims-board-is-coming-soon-by-kelley-way","status":"publish","type":"post","link":"https:\/\/writersfunzone.com\/blog\/2022\/01\/21\/the-copyright-claims-board-is-coming-soon-by-kelley-way\/","title":{"rendered":"The Copyright Claims Board is Coming Soon! by Kelley Way"},"content":{"rendered":"

\"The<\/a>Let\u2019s welcome back monthly columnist Kelley Way<\/a> as she shares with us \u201cThe Copyright Claims Board is Coming Soon!\u201d Enjoy!<\/p>\n

***<\/span><\/p>\n

Did you know there is a new venue for copyright small claims coming soon?\u00a0<\/span><\/h2>\n

When I first put this article on my blog schedule, the <\/span>Copyright Claims Board<\/span><\/i> was supposed to be up and running on January 1, 2022.\u00a0<\/span><\/p>\n

Unfortunately,<\/strong> the Copyright Office has pushed back the launch to spring of 2022, but this still seemed like a good time to discuss what to expect once it\u2019s up and running.\u00a0<\/span><\/p>\n

So, here are the answers to the questions you\u2019re probably asking:<\/span><\/p>\n

What is the <\/span>Copyright Claims Board<\/span><\/i>?<\/span><\/h2>\n

The <\/span>Copyright Claims Board<\/span><\/i> is the solution to a longstanding problem in copyright law.\u00a0<\/span><\/p>\n

As I\u2019m sure copyright owners know<\/strong>, copyright infringement is rampant in the <\/span>Age of the Internet<\/span><\/i>.\u00a0<\/span><\/p>\n

Still, many copyright owners can\u2019t afford the cost of a federal lawsuit, and most infringement cases don\u2019t involve enough money to make a lawsuit worth the time and effort even if they did win.\u00a0<\/span><\/p>\n

This predicament leaves many copyright owners without a real solution when someone is infringing on their work.<\/span><\/p>\n

The Copyright Claims Board<\/i><\/strong> is an alternative to a federal lawsuit<\/strong>, where a panel of judges will hear copyright infringement cases worth less than $30,000.\u00a0<\/span><\/p>\n

The process is intended to be user-friendly and streamlined to save users both time and money compared to a federal lawsuit.<\/span><\/p>\n

How does it work?<\/span><\/h2>\n

Either party can file a claim with the <\/span>Copyright Claims Board<\/span><\/i>. Once it is filed, the other party must be notified, and they will have the choice to opt-out.\u00a0<\/span><\/p>\n

The Board is voluntary<\/strong>, so no one is required to participate in a proceeding.\u00a0<\/span><\/p>\n

However, if the other party does not opt-out and does not appear, the <\/span>Copyright Claims Board<\/span><\/i> may enter a judgment against them, which the federal courts will uphold.<\/span><\/p>\n

The proceeding itself is more straightforward than a federal lawsuit and does not require an attorney, though the parties may use an attorney if they wish.\u00a0<\/span><\/p>\n

Discovery is largely limited to written documents<\/strong>, responses to requests, and other information if the Board feels that information is relevant.\u00a0<\/span><\/p>\n

Once the Board makes a decision, that decision is binding and neither party can pursue the matter further in federal court, except under a few very limited circumstances.<\/span><\/p>\n

Can a decision by the Copyright Claims Board be overturned?<\/span><\/h2>\n

Yes, but only in very limited circumstances.\u00a0<\/span><\/p>\n

For example:<\/strong><\/p>\n