Respondent Information

The Copyright Claims Board (CCB) is a voluntary and virtual tribunal that offers a streamlined alternative to federal court. CCB proceedings are designed to be clearly understood and usable by anyone, even without legal training. The CCB’s jurisdiction is limited to three types of copyright-related cases:

  1. claims of copyright infringement (PDF),
  2. claims seeking declarations (PDF) that your activities do not infringe someone else’s copyright, and
  3. claims of misrepresentation (PDF) in takedown notices and counter-notices sent under the Digital Millennium Copyright Act (DMCA).

If someone has brought a claim against you in the CCB, you are referred to as a respondent. Any determination by the CCB, including a monetary award for damages, is enforceable in a court of law.

Who Is This Webpage For?

This information is for individuals or businesses who have received notice of a CCB claim filed against them. If you have received some or all of these forms, someone has filed a CCB claim against you:

  • notice of official government legal proceeding,
  • waiver of service form, or
  • second notice of government legal proceeding (second notice).

If you have been named as a respondent in a proceeding, you must take action. You have several options, but you have a limited period of time to decide.

I’m Not Sure If I Want to Participate

The CCB is voluntary. You have sixty days from receiving service to opt out, which notifies the CCB that you don’t want to participate in the proceeding. The claimant can still sue you in federal court. As you make this decision, you may want to consider some of the differences between a CCB proceeding and a lawsuit in federal court.

If you’re in your opt-out period and know you do not want to participate, you can opt out on the CCB website.

Consider

I Want to Participate

If you do not opt out, you’ll need to file a response to the claim. You’ll have the opportunity to dispute the facts and allegations made against you, raise defenses, and tell your side of the story.

Participate

I Want to Settle the Dispute

You can discuss settlement with the other side at any time—even before you have filed a response. If you are intending to participate in the proceeding, the CCB is also available to hold a settlement conference to facilitate voluntary agreements between you and the other party to resolve all or part of a dispute.

Settle

I Have Missed a Deadline

If you were served and didn’t take any action, or you otherwise missed deadlines or continue to fail to comply with CCB requirements, the CCB may eventually enter a determination against you or dismiss your counterclaims.

Re-engage

Timeline

  1. Claim is filed

    Claimant files the claim

  2. CCB completes Compliance Review

  3. Service

    Claimant has the respondent served

    Respondent receives notice of claim

  4. Opt-Out Period

    Respondent decides to opt out or participate

  5. CCB sends Second Notice

  6. Proceeding becomes active

  7. Claimant pays second filing fee

    Respondent links to claim

  8. Response

    Respondent files response and optional counterclaim

  9. Pre-Discovery Conference

  10. Discovery

  11. Status Conference

  12. Written Testimony

  13. Final Determination

  14. Post Determination

Parties can jointly request a settlement conference at this stage.

Resources

Copyright Claims Board 101 Handout Illustration CCB 101 Handout (PDF)
Claimant and Respondent Handbook Illustration Copyright Claims Board Handbook
Laptop and headphones CCB 101 Webinar(opens in a new tab)
Person typing on a laptop Pro Bono Resource Guide