I Want to Settle My Dispute

Who Is This Webpage For?

  • This information is for a party in a CCB proceeding interested in settling their dispute before the CCB issues a determination, or
  • A party who has been contacted by the other side about the possibility of settling the dispute.

You may wish to resolve your dispute with another party before the CCB issues a final determinationThe CCB’s ruling regarding who actually wins the case, with any awards, and with the CCB’s reasons for its findings.. Settlement discussions can lead to fast and creative resolutions for both parties beyond what the CCB can order in its determination. Typically, parties put the terms of their settlement in a written agreement and can add whatever terms they want. Parties in a CCB proceeding may settle the dispute without assistance at any time; however, the CCB is available to hold settlement conferences to facilitate agreements between the parties to resolve all, or part, of their dispute. Note that engaging in settlement discussions does not delay the time you have to opt out.

Quick overview:

  1. Consider Settlement
  2. Contact the Other Side
  3. Request a Conference
  4. Prepare for the Settlement Conference
  5. Let the CCB Know You’ve Settled

Timeline

  1. Consider settlement
  2. Contact the other party
  3. Jointly request a settlement conference
  4. Prepare for the settlement conference
  5. Let the CCB know you have settled

Steps

Steps one through five

  1. Consider Settlement

    Resolving your dispute through settlement has advantages over continuing through the entire CCB proceeding. Parties can agree to settlement terms containing provisions the CCB cannot grant in a determination, and settlement can be a faster and less costly way to resolve disputes.

    Parties can explore settlement on their own without the involvement of the CCB. The CCB is also available to facilitate settlement through conferences that are designed to be an informal, collaborative, problem-solving process. A CCB Officer will direct the settlement conference so the parties can share information privately with the Officer or the other parties in the dispute.

    Key Features of CCB Settlement Conferences
    • If the parties decide to request a CCB-facilitated settlement discussion, the Officer holding the conference will not be the same Officer who handles the day-to-day aspects of your proceeding.
    • The settlement conference will be formally scheduled and appear in the docket Each proceeding has a unique case number associated with it. The docket is the list of all documents associated with that particular proceeding. of the proceeding. All settlement conferences are conducted virtually, and the parties must submit a short position statement at least three business days before the conference.
    • If a settlement is not reached at the settlement conference, the Officer assigned to guide the settlement conference will not take part in making the final determination except in very rare circumstances. The settlement Officer will not share confidential information, including offers and demands made at the settlement conference, with the other Officers.
    • The parties may ask the CCB to include some, or all, of the settlement terms in a final determination ordered by the CCB.

  2. Contact the Other Side

    You do not need to wait for the CCB to begin settlement discussions. Parties can reach their own settlement, and it can have as few or as many terms as they wish. They may settle at any stage of the proceeding. If you reach a settlement on your own, you should inform the CCB that you have reached a settlement and jointly wish to dismiss the case using the instructions below.

    If both parties agree, the parties can request a conference with a CCB Officer to facilitate settlement discussions. If you would like to engage in a CCB-facilitated settlement discussion, contact the other side to see if they are willing to participate. The CCB will only hold a settlement agreement if both parties agree, so you should not ask the CCB for a settlement conference until the other side agrees to have one.

  3. Request a Conference

    If you and the other side have agreed to participate in a CCB-facilitated settlement conference, there are several ways to request a conference. You can file a request on eCCB (the CCB’s electronic filing and case management system), you can request one at any conference, or you can email [email protected]. Requesting a settlement conference does not affect any of the other dates in an active CCB proceeding unless the CCB grants a request by the parties to pause the proceeding.

    To file the request, click the “File in existing case” button and select the proceeding. Then select “Request for Settlement Conference” from the drop-down menu. Other parties will be notified of the request through eCCB. A request for a settlement conference should include a brief statement requesting the settlement conference; a list of any other parties that have agreed to join the discussion; and a request to pause, or stay, the proceeding, if desired. To complete the request, advance to the Review filing webpage and click “Agree & submit.”

    Once a request has been received, the CCB will post an order with more information including the date and time of the conference.

  4. Prepare for the Settlement Conference

    The CCB will issue an order scheduling the conference on the docket. The order will have important information about how to prepare for the settlement. The Board will send a Zoom link to the parties ahead of the date for the settlement conference. Even if you are being represented by an attorney or authorized business representative, you must still attend the settlement conference.

    Position Statement

    Each party participating in the conference must submit a position statement to the Officer handling the settlement conference at least three business days before the conference. Do not file your settlement position statement on eCCB.

  5. Let the CCB Know You’ve Settled

    You can inform the CCB if you have settled and want to dismiss the case, along with any other information you wish to share. The CCB will then dismiss the claims or counterclaims covered by the agreement with prejudiceThe claim cannot be filed again. in active cases unless the parties to the settlement have requested that the dismissal be without prejudiceThe claim can be filed again in the future..

    To file the notice, click the “File in existing case” button and select the proceeding. Then select “Notice of Settlement and Joint Request for Dismissal” from the drop-down menu, fill it out with the appropriate information, and click the “Submit” button.

There are 5 steps.

Contact Us

If you have questions, please contact the Copyright Claims Board at [email protected]. Please include the docket number of your case (if you have one) in the subject line. We can only provide information and assistance concerning Board procedures and requirements. For questions about copyright registration, recordation, or other matters, reach us through the appropriate Copyright Office contact form.

More Information

Settlement Chapter of the CCB Handbook (PDF)
Introduction Chapter of the CCB Handbook (PDF)
Pro Bono Resource Guide
Presenting Your Case Chapter of the CCB Handbook (PDF)