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Copyright Infringement Questionnaire

Can I file a Copyright Infringement Claim before the CCB?

Copyright infringement occurs when a copyrighted work is reproduced, distributed, publicly performed or displayed, or made into a A work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. without permission of the copyright owner, if the use does not qualify for an exception, such as fair use. If you believe someone used your original work without permission, you can bring a claim of copyright infringement before the CCB. Answer a few questions to see if your claim is a good fit for the Copyright Claims Board.

How long it’ll take: 15 minutes or less

More information is available in the Starting an Infringement (PDF, 680 KB) chapter of the CCB Handbook.

Does the respondent reside in the United States? (required) Yes
No
I don't know

This question is required. Select an answer to continue.

Noncompliant

The CCB can hear claims only against respondents that reside in the United States. If you wish to pursue your claim further, you will need to file a lawsuit in federal court.

Review

The CCB can hear claims only against respondents residing in the United States.
When you file your claim, you will need to provide the U.S. mailing address of the respondent.
Do some research to identify the respondent before moving forward:
- Have you received a takedown or counternotice from an online service provider? It may include the filer’s address.
- Conduct an internet search.
- If the respondent is a business, look at state secretary of state databases.
If you are dealing with a case of online infringement, CCB staff attorneys can also give you information about obtaining a subpoena under United States Code Title 17, section 512(h), which may help you obtain information from an online service provider to identify the respondent.

Have you registered your work or filed a complete application, filing fee, and deposit copy or copies for registration with the U.S. Copyright Office? (required) Yes
No

This question is required. Select an answer to continue.

Noncompliant

The Board can hear a copyright infringement claim only if the U.S. Copyright Office issued a registration for the work or if the author or owner of the work applied to register the work with the U.S. Copyright Office before the claim is filed.

Need to register your work? To learn more about what works can be registered with the U.S. Copyright Office, visit the Office’s registration webpage.

Do you own the copyright in the work, have an exclusive license for the work, or were once the owner and still receive royalties? (required) Yes
No
I don't know

This question is required. Select an answer to continue.

Noncompliant

To bring a copyright infringement claim before the Board, the claimant must be the legal or beneficial owner of the exclusive right in the copyrighted work at the time of the infringement.

Review

Legal ownership: You own the copyright in the work if you created the work, the work was not made for hire, or if you received a transfer of those rights, for example, by an assignment or exclusive license.

Beneficial ownership: If you used to be the copyright owner but transferred the rights and retained some benefits, like royalties, you may be the beneficial owner. A beneficial owner may also file a CCB claim.

Did the infringement occur within the last three years? (required) Yes
No

This question is required. Select an answer to continue.

Did you discover the infringement within the last three years? (required) Yes
No

This question is required. Select an answer to continue.

Noncompliant

Typically, the Board can hear claims only if the infringement occurred in the last three years or if the claimant reasonably discovered the infringement in the last three years or if the claimant reasonably discovered the infringement in the last three years. To learn more, please visit the Starting an Infringement Claim (PDF, 680 KB) chapter of the CCB Handbook.

Did the respondent copy, distribute, publicly perform, publicly display, or adapt your work without your permission? (required) Yes
No
I don't know

This question is required. Select an answer to continue.

Noncompliant

Copyright infringement requires a showing that the respondent took one of these actions without your permission. To learn more, please visit the Starting an Infringement Claim (PDF, 680 KB) chapter of the CCB Handbook.

Review

Copyright law gives you The exclusive rights are: the right to make copies of the work (examples: making photocopies, producing a series of prints); the right to prepare other works based on the work, called derivative works (examples: movie adaptations, cover songs, prequels or sequels, translations [such as translating a book from English to Chinese]); the right to distribute copies of the work (examples: distributing copies of a book to a bookstore, offering downloads of movies); the right to publicly perform the work (examples: a theatrical performance of a play, a band playing a song, streaming a movie online) (NOTE: Sound recordings have a limited right to public performances, but only by means of a digital audio transmission); and the right to publicly display the work (examples: a gallery exhibiting a painting, a website posting a photograph.) . You will need to show how the respondent infringed one of the rights above.

Is the respondent’s work identical to your work? (required) Yes
No

This question is required. Select an answer to continue.

Can you explain how the respondent may have seen or heard your work? (required) Yes
No
I don't know

This question is required. Select an answer to continue.

Noncompliant

To file a CCB claim, you need to make factual allegations about how the respondent had a reasonable opportunity to view or hear your work.

Review

To file a CCB claim, you need to make enough factual allegations to support each element of copyright infringement, including how the respondent had a reasonable opportunity to view or hear your work. Ways in which a respondent can access a work include

The work was sent directly to the respondent.
The work was sent directly to a close associate of the respondent.
The work was widely disseminated.
The work was reasonably available to the respondent.

More information about access is available on the I Want to File a Copyright Infringement Claim webpage.

Is the respondent’s work substantially similar to your original work? (required) Yes
No
I don't know

This question is required. Select an answer to continue.

Noncompliant

For a copyright infringement claim, you need to show that the respondent’s work is substantially similar to your creative expression, not just your idea.

Review

To file a CCB claim for copyright infringement, you need to describe the similarities between your work and the allegedly infringing work. These similarities will need to be substantial enough to show that copying of your work has occurred. The following similarities by themselves will not be enough to show that the works are substantially similar:

The two works include the same facts or cover the same period in history.
The two works share ideas, systems, or processes, as opposed to the expression of these ideas.
The two works have the same name.
The two works share common elements, such as standard chord progressions, phrases, characters, or plot elements
The two works have the same subject

Are you bringing a claim against an online service provider? Online service providers include websites that host content uploaded by users, such as YouTube and Instagram, and search engines that direct users to particular websites, such as Google and Bing. (required) Yes
No

This question is required. Select an answer to continue.

Proceed

You may be able to file a copyright infringement claim in the CCB. Follow these instructions to file a copyright infringement claim before the Board

Once you submit your claim, the CCB will check that it provides enough information and complies with relevant laws and regulations.

Are you bringing a claim against the online service provider because a third party posted, referred, stored, or linked to your content on the website? (required) Yes
No

This question is required. Select an answer to continue.

Proceed

You may have a copyright infringement claim against the online service provider in limited circumstances; for instance, where the online service provider actually was the one who posted your work.

Follow these instructions to file a copyright infringement claim before the Board.

Once you submit your claim, the CCB will check that it provides enough information and complies with relevant laws and regulations.

Did you send the online service provider a takedown notice? (required) Yes
No

This question is required. Select an answer to continue.

Noncompliant

The CCB may not be able to hear your claim, unless you can show that you participated in the online service provider’s notice and takedown system by sending a takedown or counter-notice. The DMCA limits the liability of online service providers for certain actions taken by users provided that they follow specific requirements, like the notice and takedown system.

Did the online service provider fail to expeditiously remove or disable access to the material after you sent a takedown notice? (required) Yes
No

This question is required. Select an answer to continue.

Proceed

You may be able to file a copyright infringement claim in the CCB. Follow these instructions to file a copyright infringement claim before the Board.

Once you submit your claim, the CCB will check that it provides enough information and complies with relevant laws and regulations.

Noncompliant

The CCB may not be able to hear your claim, unless you can show that the online service provider did not remove or disable access to the material expeditiously after you sent a takedown notice.