Copyright Claims Board Releases Key Statistics

The Copyright Claims Board (CCB) opened its doors in June 2022. It intends to serve as a “small claims court” for copyright disputes, providing a simplified, low-cost alternative to hear copyright claims.
Since then, over a thousand claims have been filed with the CCB, including many interesting ones. Those include a battle over Andrew Dice Clay clips, a flight cockpit recording, tarot decks, printed miniatures, unicorn party dresses and literal dumpster fires.
While the individual cases have been interesting, most have flown under the radar. Though I analyzed the first 100 claims in August 2022, it’s worth looking at what the other 900 claims have been doing.
Fortunately, the CCB released a “Key Statistics” document (embedded below). In it, they examine the first 989 claims filed with the CCB, and some of the findings are surprising.
Highlights in the Report
First off, the “Number of Claims Filed” section shows that the CCB’s claims have been pretty steady month-to-month. Though there was an initial jump after the CCB opened, there has been a steady parade of claims since then.
However, what is more interesting is that the claims are split almost 50/50 between “standard track” claims and “smaller claims track” claims. The regular track caps damages at $30,000, while the smaller claims track caps them at $5,000. However, the smaller claims track is cheaper and more streamlined to file.
This shows that many aren’t concerned or seeking maximum damages, just an efficient resolution.
It is also interesting that self-represented individuals filed nearly two-thirds of all claims, while only 21 percent used an outside attorney. Less than one percent used a law student representative.
Those claims also cover a wide variety of content types. Though pictorial works comprised a plurality of 39%, motion picture, literary and sound recording claims consist at least 10% of claims.
The claimants were primarily from the United States, with 839 coming from the US and 150 from outside the country. Claimants from the United States came from 46 different states, with California being the leader, representing 168 claims.
Finally, the most common way for a claim to end is in a compliance review. 391 cases ended there. Another 153 claimants failed to serve, and 91 respondents opted out. However, 79 cases ended in a settlement and another 82 were voluntarily withdrawn, likely indicating a settlement as well.
In the end, the CCB has only handed down 23 final determinations. Fourteen of those were default determinations, and nine were in contested cases.
From this data, a pretty clear picture begins to emerge.
What the Data Says
First, we must set aside 544 of the claims filed with the CCB. These are cases where the claimant either failed the compliance review or did not serve the respondent. This leaves 445 claims where the claimant at least served the respondent.
Roughly 20% of those cases saw the respondent opt-out. However, a nearly equal number of cases were settled. That said, the number of settlements is likely much higher as another 82 cases were voluntarily dismissed, likely indicating some agreement.
The most likely outcomes for claimants are opt-out or voluntary dismissal. Very few cases make it to a final determination. In short, the CCB is proving far more valuable as a tool for negotiation and settlement than as an actual judge.
To be clear, that’s also true of the regular court system. Very few cases make it to a trial. Most cases are either settled or dismissed long before that. So, this isn’t a mark against the CCB. Rather, it’s largely a sign that it’s working as intended.
However, it may not be working as intended for the aforementioned 544 cases. The CCB has nearly 40% of its cases dismissed as non-compliant, which is a very high percentage. However, it’s also not that different from the number of cases where a motion to dismiss is granted in federal court. The main difference is that, with the CCB, the board is the first to examine and challenge the claim.
Still, given the much easier requirements and ample opportunities to refile a case, 40% seems very high. So does the 15% of cases where the claim was compliant, but the filer failed to provide service.
Both point to areas where the CCB can improve and may provide clues about where to invest more time and energy.
Bottom Line
The data paints a mostly positive picture of the CCB. It’s seeing a steady stream of claims, hasn’t become a haven for “copyright trolls,” is widely used to reach settlements and seems to be operating relatively smoothly.
All in all, the CCB seems to be working as intended.
However, that doesn’t mean there isn’t room for improvement. The CCB can and should work to reduce the number of invalid claims filed. While such claims will always exist, anything the board can do to reduce the number saves everyone involved time and money.
Equally, the board can and should provide resources to help claimants serve respondents. Though the CCB manual offers great information on the topic, it’s clear this is still a sticking point. Information about approximate costs and requirements before filing may help.
Overall, the first 1,000 claims seem to have been a success for the CCB. Despite some initial stumbling and growing pains, the board has proved useful and effective. It will be interesting to see what the next 1,000 claims bring.
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