It isn’t often that a government entity implements a low-cost and user-friendly solution to real-world problems.  However, that is exactly what the U.S. Copyright Office just did. Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), directing the Copyright Office to establish the Copyright Claims Board (CCB). We supported the CASE Act as a means of helping smaller copyright owners like app makers protect their intellectual property using a process that is more affordable and accessible than the federal court system, and we are happy with the Copyright Office’s progress in implementing the law. The CCB is a three-member tribunal within the Office that provides an efficient and user-friendly option to resolve certain copyright disputes that involve up to $30,000 (called “small claims”).

The CCB creates a new and viable option for app developers to enforce their rights.  First and foremost, it is a voluntary alternative to federal court.  Copyright litigation in federal court is expensive, complex, and lengthy.  Most software developer companies do not have the resources—time, money, or legal staff—to pursue copyright infringement claims in federal court.  Often the only choices available are to utilize cease-and-desist letters, file take-down notices with platforms, or use terms of service to minimize the risks of piracy.  In a global app economy, results from these measures can and do vary. Now, however, the CCB tribunal can deliver legally-binding decisions and award damages.

The CCB has several key features that make this an attractive option, including:

*It isn’t necessary to hire an attorney; anyone can file a claim.

*Proceedings are streamlined and conducted online, which requires fewer documents, and the CCB conducts hearings remotely through video conference.

*Participation is voluntary for both parties to the dispute. Parties against whom a complaint is filed (“respondents”) can always opt out of a CCB proceeding, allowing the petitioner to file in a federal court instead.  However, once CCB has decided on a claim, the parties may not file the same claims in federal court.

*The CCB can only address three types of claims: 1) copyright infringement; 2) claims asking to declare that a particular activity is not infringing, and 3) claims of misrepresentation in Digital Millennium Copyright Act (DMCA) take-down notices.

However—and this is an important one for small copyright owners like app makers—registration of a work with the Copyright Office is required before the CCB can rule on a claim. A recent survey of App Association members reveals that most app developers do not register their works with the Copyright Office, believing the registration process too complex, time-consuming, and not worth the effort. However, the Copyright Office is in the final stages of implementing a more user-centered registration portal that accepts electronic deposits, and this should help app makers and other small copyright owners access the registration process.

Together, the CCB and a redesigned registration system compatible with 21st-century technology, app developers could see tangible benefits to registering their works with the Copyright Office. The App Association supported these legislative and policy initiatives and applauds the Copyright Office on the implementation of these measures. These important efforts stand to make a significant impact on the app economy.

For more information about the Copyright Claims Board, visit www.ccb.gov.