Authored by: Jeremy J. Gustrowsky

The Copyright Claims Board (CCB) was created as a more accessible and affordable alternative to federal court for resolving small copyright disputes. Established by the CASE Act of 2020, it began operations in the summer of 2022. The CCB is designed to handle claims seeking up to $30,000 in damages, with streamlined procedures and an online case management system. Anyone can use the CCB, with or without an attorney, and participation is voluntary—respondents can opt out, and claimants can still pursue their cases in federal court if they choose.

Despite these promising features, the CCB’s first three years have revealed significant challenges. Most notably, the vast majority of claims filed with the CCB are dismissed before reaching a final decision. Out of over 1,200 cases filed between June 2022 and March 2025, only about 3% resulted in a final determination. Most claims are dismissed due to substantive flaws, such as failing to state a valid case of copyright infringement, rather than procedural missteps. Many claimants do not amend their filings even after being given detailed feedback and multiple opportunities to correct deficiencies.

Another issue is the high rate of default judgments. Of the few cases that do reach a final decision, a significant portion—about 60%—are decided by default because the respondent did not participate. This is much higher than the default rate in federal court copyright cases. Some respondents may not fully understand the CCB process or the consequences of not opting out, leading to judgments against them without their input.

Financially, the CCB has also faced scrutiny. Over its first two years, the agency spent around $5.4 million in startup and operating costs, while awarding only about $75,000 in damages to successful claimants. The average damages awarded in final determinations are much lower than the cost of processing each claim, raising questions about the efficiency and impact of the CCB in practice.

As the CCB continues to evolve, these challenges highlight the complexities of copyright law and the difficulties in creating a user-friendly, efficient small claims process. The CCB’s experience so far suggests that while the idea of a streamlined copyright tribunal is appealing, practical obstacles remain in making it work effectively for creators and users alike.