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Copyright

Guide to copyright basics and policies at Otterbein University.

Overview

Overview:

In 2020, the US Congress passed the “Copyright Alternative in Small-Claims Enforcement Act of 2020,” also called the CASE Act. This act mandated the formation of a small claims court for the purpose of deciding "small" copyright claims through a quicker, less expensive process than going through federal court. Damages for individual items are capped at $15,000, while total damages are capped at $30,000 for Copyright Claims Board (CCB) cases.

If you receive a claim notice:

What this means is someone who claims to own a copyright is asserting that you have infringed their copyright through something you have uploaded, reproduced, published, created, distributed, performed, or displayed. Keep in mind the claim is an accusation that you have infringed, but this does not mean you have infringed, or that the CCB will rule against you. However, you do need to respond to this claim. 

NOTE: If you are served claim notice, this should come to you either in-person or via U.S. Mail. If you only receive an email, this is not an official form of "Service of Process" in the state of Ohio and should be treated with caution. Service of Process is the legal term for how a claim may be provided to let someone know there is this claim against them. 

You will receive two notices, the first from the claimant, who asserts that you have infringed their copyright. The second is a reminder that will come from the CCB. You will have 60 days to respond.

How to respond:

You have two options.

  1. You can participate and proceed with the CCB Tribunal. This is intended to be a streamlined, less expensive alternative to federal court and is handled online.
  2. You can opt out of the CCB tribunal.  If you opt out, the claimant may decide to drop the case or pursue their claim against you in federal court. If you opt out you will need to notify the CCB through an online form through their website or a paper form you can mail in.

Do not ignore the notice. A default judgement can be ruled against you by the board, and the option to review their decision is limited. 

An attorney is not required to either file or respond to a claim. However, you may want to consult with an attorney should you receive a notice.

Additional Sources