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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
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