USPTO Tribunals Offer Lessons For New Copyright Board

By John Polito and Rachel Fertig (February 5, 2021, 3:10 PM EST) -- The Copyright Alternative in Small-Claims Enforcement, or CASE, Act was enacted on Dec. 27, 2020, as part of the Consolidated Appropriations Act of 2021.[1]

The CASE Act creates an administrative tribunal within the U.S. Copyright Office — the Copyright Claims Board, or CCB — to provide an alternative forum to adjudicate civil copyright claims and counterclaims capped at $30,000 in actual or statutory damages; to seek declaratory judgment of noninfringement; and to pursue certain claims related to notices and counternotices under the Digital Millennium Copyright Act.[2]

The board must be operational by Dec. 27, 2021, unless a 180-day delay is sought by...

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