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Archive 2022 · The Copyright Claims Board is now open for business 🧐

  
 
TT1000
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p.1 #1 · p.1 #1 · The Copyright Claims Board is now open for business 🧐


https://www.ccb.gov/

Are you into it?

I’m guessing this page will be popular with many defendants. 🛑

https://dockets.ccb.gov/optOut/index





Jun 17, 2022 at 02:08 PM
JohnSil
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p.1 #2 · p.1 #2 · The Copyright Claims Board is now open for business 🧐


Ooooh, does that mean I'm gonna get a barrage of people coming after me now?!?
John



Jun 18, 2022 at 12:43 AM
EB-1
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p.1 #3 · p.1 #3 · The Copyright Claims Board is now open for business 🧐


I didn't copy anything.
What does the 129488 mean legally?

EBH



Jun 19, 2022 at 11:58 PM
TT1000
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p.1 #4 · p.1 #4 · The Copyright Claims Board is now open for business 🧐


EB-1 wrote:
I didn't copy anything.
What does the 129488 mean legally?

EBH


It means I tried to use an emoji in the title and it came out a jumble of alphanumeric characters.

It’s been around five months since the CCB has been operating. I read disputes relating to photographic works are the most common.

Below is a link to a handbook made by the CCB which explains how it works. The initial fee to file a claim is $40 and if the case passes the initial screening and proceeds to the active phase then another $60. As opposed to $402 to file a claim in federal court (plus attorney fees and costs).

The CCB which is already a streamlined process relative to federal court provides for an even more streamlined process for claims capped at $5,000.

https://ccb.gov/handbook/



Nov 30, 2022 at 12:41 AM
RustyBug
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p.1 #5 · p.1 #5 · The Copyright Claims Board is now open for business 🧐


Good to know.

Haven't dug into it yet. But, wondering if the $5,000 cap is in line with the DMCA ... and this is a streamlined subset of that for a "fast-track" process (i.e. criteria based).



Apr 23, 2023 at 03:45 PM
tcphoto
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p.1 #6 · p.1 #6 · The Copyright Claims Board is now open for business 🧐


I'd be interesting in others experience with the board, I have an Intellectual Property Violation with a client and my Attorney isn't working as quickly as I'd hoped. It includes nine images, dates back to July of last year and their settlement offers are insulting for stealing nine images off the proof sheets.


Apr 23, 2023 at 04:02 PM
TT1000
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p.1 #7 · p.1 #7 · The Copyright Claims Board is now open for business 🧐


RustyBug wrote:
Good to know.

Haven't dug into it yet. But, wondering if the $5,000 cap is in line with the DMCA ... and this is a streamlined subset of that for a "fast-track" process (i.e. criteria based).


“ wondering if the $5,000 cap is in line with the DMCA”

With DMCA claims (17 USC 1202: false or removal/alteration of CMI) you choose between:

(1) actual damages + any profits attributable to the violation or (2) statutory damages, which for 1202 claims is not less than $2500 or more than $25,000 per violation.

CCB damages (capped at $30,000 or $5,000 for “streamlined” process) are total damages per case.

“ and this is a streamlined subset of that for a "fast-track" process (i.e. criteria based)“

Not convinced I understand the question. However, the person filing the claim before the CCB decides whether they want to use the further streamlined $5,000 damages cap process or not.

I should mention that unlike federal district court the CCB process is designed for non-lawyers. The persons running the proceedings are copyright experts and they will help you if your submissions are not compliant. People sometimes submit wild complaints that would get dismissed in court but the CCB will guide you in fixing them. They also give you two chances to fix things. And if after three tries you still can’t write a complaint that satisfies the requirements you’re only out $40. You only pay the remaining $60 filing fee once you get past the initial screening of your case (and the defendant doesn’t opt out of the proceeding).

Edited on Apr 24, 2023 at 09:54 PM · View previous versions



Apr 23, 2023 at 10:02 PM
RustyBug
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p.1 #8 · p.1 #8 · The Copyright Claims Board is now open for business 🧐


TT1000 wrote:
Not convinced I understand the question.


I lazily referenced the $5,000.

The better question should have been ... how does this correlate to / with the DMCA?

Which ... you answered with good understanding, even though I lobbed it out so poorly.



Apr 24, 2023 at 08:16 PM
TT1000
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p.1 #9 · p.1 #9 · The Copyright Claims Board is now open for business 🧐


RustyBug wrote:
I lazily referenced the $5,000.

The better question should have been ... how does this correlate to / with the DMCA?

Which ... you answered with good understanding, even though I lobbed it out so poorly.


Still not sure I follow you but I probably should mention that you can’t bring a straight up DMCA claim using the CCB. You need to bring your claim in federal court. The CCB was not designed as an alternative forum for DMCA claims

The CCB only hears three types of copyright related claims:

1. infringement claims
2. declaration of non-infringement
3. misrepresentation claims relating to a DMCA section 512 take-down notice or counter-notice



Apr 25, 2023 at 02:26 AM





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