I Want to File a Noninfringement Claim

If someone accused you of unlawfully using, or intending to use, their work without permission, you can request a CCB declaration that you did not commit, or will not be committing, copyright infringement by bringing a noninfringement claim before the CCB.

To know before you begin

  • You can file a claim only if someone has accused you of actual or imminent infringement.
  • In successful noninfringement claims, the CCB provides a declaration that certain activity is not, was not, or will not be an infringement. It does not award damages for these claims.
  • The CCB can hear claims only against respondents residing in the United States.
  • If you are a respondent and an infringement claim has already been filed against you, you do not need to file a declaration of noninfringement claim that merely duplicates your defense to the infringement claim.

Can I file a noninfringement claim?

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Page overview:

Filing a noninfringement claim

To bring a copyright noninfringement claim, you need to fill out a claim form in eCCB, the CCB’s electronic filing and case management system. The claim form will ask you to provide important information about your dispute.

You do not need to provide a legal argument in your claim—just a statement of facts and circumstances. Be specific in your description. That will give the other party and the Board more information about your claim.

When you file your claim, make sure you have the following information:

  • your name, address, phone number, and email;
  • respondent's name and address as well as their email and phone number if you have it;
  • a detailed explanation of how the respondent has accused you of infringement or correspondence that contains the accusation against you; and
  • labeled copies or descriptions of the works at issue.

  • Keep relevant evidence. When preparing to file your claim, it is important to keep relevant information that helps prove your side of the facts. Important relevant documents include copies of the works at issue and communications with the respondent or related to the dispute.
  • Organize your thoughts. You do not need to provide a legal argument in your claim, but your claim does need to provide enough information for the CCB and the respondent to understand your claim. It can be helpful to organize your narrative in chronological order or by work.
  • Be thorough. Being thorough allows the CCB to have a full understanding of the facts in your claim. You should make sure that your claim discusses all of the critical facts about your dispute.

Steps for filing a noninfringement claim

Steps one through six

  1. Select your proceeding type.

    The CCB cannot award you A type of relief that awards money as compensation for some injury. in a noninfringement claim. Therefore, you may want to consider choosing the option to have your claim heard under the CCB's smaller claims procedures. In smaller claims proceedings, the information and documents that each party must share with the others are even more narrowly tailored to the needs of the proceeding. If you select a smaller claims proceeding, the respondent will be limited to $5,000 in damages if they decide to file an infringement counterclaim against you in the same proceeding; however, this does not stop them from filing a separate CCB claim or federal claim.

    More information is available in the Smaller Claims (PDF, 436 KB) chapter of the CCB Handbook.

  2. Identify your respondent.

    A respondent is the person or entity that has accused you of infringement. The respondent must reside in the United States and must not be a federal or state governmental entity. You must provide the U.S. mailing address of each respondent.

    • Look at the communication from the respondent. Cease and desist letters will often contain the sender's contact information and other information needed to fill out the claim form.

  3. Describe the respondent's work.

    You will be asked to provide information about the work the respondent is accusing you of infringing. You'll be asked to include the name of the work, the registration number of the respondent's work if you have it, and the type of work. You may not know all of this information, but it is important to be as thorough as possible when filling out the claim form.

  4. Describe the dispute.

    You must provide information that shows that there is a genuine dispute between you and the respondent.

    You can show a genuine dispute exists if

    • the respondent has stated that you have committed copyright infringement of their work, or
    • the respondent has made accusations that have interfered with the way you're using or plan to use their work (such as a third-party stating they will not work with you because of accusations made by the respondent).

    You'll also need to describe what you did, or were going to do, that the respondent claimed was infringing. You cannot ask for a declaration of noninfringement if the respondent doesn't know about your plans or activity with their work.

    You will need to include:

    • actions that the respondent took to indicate that they believe you are infringing their work;
    • a description of the work(s) at issue in the claim; and
    • your activities or actions that respondent says infringed their work.

    • Write a short description in the claim form.
    • Give a timeline of your actions and the respondent's actions in the claim form.
    • Upload copies of any cease-and-desist letter.
    • Upload copies of relevant communications from the respondent or other documents that indicate respondent disputes your right to use the work.
    • Upload copies of the work(s) at issue in the claim.

  5. Describe why you believe no infringement has occurred or will occur.

    Finally, you'll need to provide a statement of the reasons why you believe no infringement occurred. Be specific about the facts that lead you to believe your activities did not infringe the respondent's copyright.

    • you have a valid defense to the respondent's accusations of infringement;
    • you had permission to use the respondent's work;
    • the parts of respondent's work you used are not protected by copyright law;
    • you never had seen or heard the respondent's work or you created your work independently;
    • an exception or limitation in the copyright law allows for your use, such as an argument that you are making a fair use of the work; or
    • the respondent cannot establish that your actions amounted to infringement.

    • A defense doesn't necessarily dispute the facts. Instead, a defense (PDF, 481 KB) provides a legitimate reason why you were legally allowed to take the actions that you took and prevents the claimant from succeeding in proving their claim.

  6. Attach relevant documents to the claim.

    Attaching documents along with the claim can help to show the respondent and the CCB that you have important evidence in support of your claim. If you do not submit these documents now, you will need to provide various relevant documents when the proceeding moves to the next phase. Be sure to save these documents, including material that is online.

    You may want to include:

    • the respondent's work,
    • your allegedly infringing work,
    • any cease-and-desist letter or other documents showing there is a copyright dispute between you and the respondent,
    • a takedown notice or counter-notice sent to an online service provider, and
    • communications or agreements that show you had permission to use the work.
There are 6 steps.


I need help filing my claim

You do not need an attorney or a law student representative to file a CCB claim, but you may choose to retain or consult one. Some attorneys, law school clinics, or organizations may be available to provide legal assistance or representation on a Legal services without a charge for the attorney's or law student's time or work. basis, which means you will not be charged for their services. It also may be possible to engage an attorney at a reduced cost. If you would like to seek further guidance from an attorney or a law student at reduced or no cost, please visit the Pro Bono Assistance webpage on ccb.gov.


What happens next

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

If your claim is compliant, the CCB will notify you and provide instructions on how to proceed with serving the claim on the other party or parties to formally notify them.

If your claim is not compliant, you will have up to two opportunities to revise and refile it.

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 provide only 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.