In a wide-ranging analysis of the Copyright Claims Board, the office said the tribunal has expanded access to creators who cannot afford to go to federal court, with more than 1,700 claims filed with the board since its launch in June 2022. The Copyright Office said that demand has increased steadily and that pro se litigants make up two-thirds of all filers.
"Overall, we conclude that the CCB has been quite successful," the report said. "It has served effectively as a pioneering forum for copyright disputes of relatively low economic value and delivered results by resolving disputes, facilitating settlements, and assisting members of the public. Its determinations have been praised as thorough, fair, and balanced."
Still, the report acknowledges that proceedings are taking longer than Congress had expected. On average, it takes more than 17 months for a case to reach a determination, which is far from the six to 12 months Congress envisioned. Contested cases average about 20 months, and even default proceedings, which make up about half of determinations, average more than a year, according to the report.
The CCB's compliance review process, meant to screen out defective claims, consumes as much as three-quarters of staff time, the report says, largely because claimants — mostly pro se — file incomplete or legally insufficient claims that require multiple rounds of corrections. Only 43% of claims submitted pass review, according to the report. The report does not request more staff but recommends allowing only one amendment instead of two when it's clear a claim cannot be sustained during the review process.
Another reason cases are taking longer than expected is a patchwork of state service rules and a mandatory 60-day opt-out period, during which respondents can decline to participate without consequence. The Copyright Office says it wants respondents to be able to waive any remaining opt-out time once they decide to participate and authorize additional service methods and make waiver of service easier.
"Based on the experience of the past three years, we have determined that some of the statutorily mandated procedures have had the unintended effect of slowing down or unnecessarily complicating proceedings," the Copyright Office said.
The CCB only considers claims seeking up to $30,000 in damages. While the report does not include an aggregate total for monetary awards the CCB has doled out, it said the average was $3,598. The highest amount awarded was $11,000, and the lowest was $750. The Copyright Office acknowledged the criticism from some that the low damage awards might make filing claims with the board less appealing, but it said the tribunal "sets damages awards based on the facts of each proceeding, and the case has not been made to artificially inflate them."
The CCB heard a broad mix of disputes, touching every category of copyrighted works. Pictorial, graphic and sculptural works accounted for the largest share of claims at 36%, followed by motion pictures and other audiovisual works at 24%, according to the report. Another 13% were literary works, and sound recordings made up 11%, with other categories such as software and dramatic works below that.
Copyright infringement was by far the most common cause of action, accounting for 1,503 claims, the report says, and parties have also asserted misrepresentation and noninfringement claims. Claimants came from all 50 states, plus four dozen other countries.
The report said there is little evidence of systemic abuse, despite early fears that the CCB would encourage "copyright trolling." The report credits statutory safeguards, including limiting the number of filings by repeat claimants and the CCB's ability to sanction bad-faith conduct.
--Editing by Brian Baresch.
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