If someone copies your original work, photograph, a marketing video, website copy, training materials, you have rights under copyright law.
But for many creators and businesses, the traditional path to enforcing those rights has been federal court, which means significant attorney fees, lengthy timelines, and procedural complexity that can deter pursuing a claim. For years, some smaller-dollar infringement went unenforced for this reason.
That changed when Congress passed the Copyright Alternative in Small-Claims Enforcement Act (the CASE Act), directing the U.S. Copyright Office to stand up a new tribunal: the Copyright Claims Board (CCB). Since it began accepting claims in June 2022, the CCB has offered a streamlined, lower-cost forum for resolving copyright disputes worth up to $30,000.
A. What Is the Copyright Claims Board?
The CCB is a three-member tribunal housed within the U.S. Copyright Office. Two members have substantial copyright infringement litigation experience; the third brings expertise in alternative dispute resolution. The CCB can hear:
- Claims of copyright infringement
- Declarations of noninfringement
- DMCA misrepresentation claims (takedown/counter-notice disputes)
- Related counterclaims and defenses
Proceedings are conducted online, largely through written submissions. The CCB cannot award more than $30,000 in total damages per case, and statutory damages are capped at $15,000 per work. For disputes under $5,000, a streamlined “smaller claims” procedure is available, decided by a single member of the CCB.
Participation is voluntary. A respondent may opt out within 60 days of being served, in which case the claimant retains the right to pursue the matter in federal court.
B. Is the CCB Working?
The short answer: yes, with caveats.
According to the CCB’s own statistics, claim volume has grown steadily. From June 2022 through March 2025, 1,222 claims were filed. By March 2026, that number had risen to 1,920—a 57% increase in a single year.
Who is using it? Predominantly individuals and small businesses. Sixty-seven percent of claimants as of March 2026 were self-represented and another 17% used in-house counsel or authorized business representatives. Only 16% retained outside counsel. The types of works at issue reflect the everyday creative assets of modern businesses: photographs and graphic works (36%), motion pictures and video (26%), literary works (12%), and sound recordings (10%).
Fifty-five claimants as of March 2026 resided in North Carolina, demonstrating local engagement with this new forum.
Importantly, the CCB has produced tangible outcomes. Through March 2026, the Board issued 25 contested final determinations and 22 default determinations, and 155 claims resulted in settlement—often the most desirable outcome for both parties. These numbers confirm that the CCB is functioning as intended: moving disputes toward resolution without the burdens of federal litigation.
C. What the CCB Cannot Do
The CCB is a valuable tool, but it is not a substitute for every copyright claim. It is important to understand its boundaries:
- Damages cap. Total recovery is limited to $30,000. For higher-value disputes, federal court remains necessary.
- No injunctive relief. The CCB cannot order a respondent to stop infringing. It can include an agreed-upon requirement to cease conduct, but only if both parties consent.
- Opt-out risk. A respondent can decline to participate. When that happens, the claimant must decide whether to pursue federal litigation.
- Compliance and service hurdles. A significant number of claims have been dismissed at early procedural stages—787 for compliance issues and 272 for failure to file valid proof of service through March 2026.
For these reasons, the CCB works best as part of a broader enforcement strategy—not as the only tool in the toolbox.
The no-injunctive-relief limitation is a good example. While the CCB cannot order a respondent to stop infringing, a well-crafted cease-and-desist letter can often accomplish what an injunction would: getting the recipient to take down or stop using the infringing material as soon as possible. When that letter is backed by the credible option of filing a CCB claim if the recipient does not comply, it carries real weight, particularly for lower-value disputes where a federal court threat alone might ring hollow. If the letter achieves compliance, the matter is resolved without a filing and need for participation in a more formal proceeding. If it does not, the copyright owner can follow through with a CCB claim promptly and at modest cost, preserving the option to escalate to federal court if the respondent opts out.
D. Why Registration Is the First Step
Whether you pursue a claim before the CCB or in federal court, one requirement is consistent: you need a copyright registration (or, at least a pending application). Federal court generally requires an issued registration for U.S. works before filing suit. The CCB allows claimants to file with a pending application, but if the Copyright Office refuses the application, the CCB must dismiss the claim.
Registration is inexpensive relative to the protection it provides, and it preserves your options. A timely registration (filed before infringement occurs or within three months of first publication) also makes statutory damages and attorney fees available in federal court. Without it, recovery in federal court is typically limited to actual damages and profits, which can be difficult and costly to prove.
The takeaway: registering your copyrights before a dispute arises strengthens your negotiating position, preserves all enforcement options, and avoids the rush and expense of seeking expedited processing after a problem surfaces.
E. A Practical First Step
Copyright assets are often hiding in plain sight—website content, photography, videos, software code, marketing copy, training materials, architectural drawings, and more. Many businesses have never inventoried these assets, let alone registered them.
A practical starting point is an IP audit: identify the original works your business creates and uses, prioritize which ones warrant registration, and develop an enforcement plan proportionate to the value of the work and your business objectives. For some disputes, the CCB may offer the right balance of cost, speed, and outcome. For others, federal court will be the appropriate venue. Either way, registration gives you the flexibility to choose.
If you have questions about copyright registration, enforcement strategy, or whether the Copyright Claims Board may be the right forum for a particular dispute, we welcome the opportunity to help you evaluate your options.
