Imagine you're a photographer who has just completed your wedding season, and you are sitting down with your computer, about to cull photos of the last wedding of your busy summer, when you get a text from your second shooter letting you know that your photos ended up on a magazine cover. No licensing agreement. No compensation. No credit. Being the smart business owner you are, you contact the magazine asking them to cease and desist and compensate you for your published work. The magazine claims they have fair use over the photos and refuse to stop the publication of your work or compensate you for it. So now what? 

If you’re a creative entrepreneur, small business owner, or photographer, you’ve probably heard that enforcing your copyright rights can be expensive and overwhelming in federal court. Hiring an attorney and spending at least one to two years of your life litigating the unauthorized use of your image by a vendor or magazine just isn't realistic for a small business owner.  

Enter Copyright Claims Board (CCB)—a relatively new option that gives copyright owners a more affordable and streamlined way to resolve disputes.

The CCB was created by the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 and officially opened its doors to new cases in June 2022. It’s housed within the U.S. Copyright Office and is specifically designed for disputes that don’t warrant the cost and stress of federal litigation. 

Although this program has been around for a few years, it is still considered fairly new, as it has only handled 1500 cases to date, which is likely the reason why you probably haven't heard of this program.  

Here’s the breakdown of how it works and why as a creative or photographer, you need to know the ins and outs! 

What Kinds of Cases Can Go Through the CCB?

The CCB only handles a few specific types of claims:

• Copyright infringement
  

• A request for a declaration of non-infringement (basically, proving you’re not infringing)
  

• Misrepresentation claims tied to DMCA takedowns or counter-notices, specifically, the copyright limits these claims to the following: “If someone makes a false statement—or misrepresentation—in either the original takedown notice or a counter-notice, and the false statement was important enough that it affected the decision to take down or restore the content at issue, a claimant affected by that misrepresentation can bring a misrepresentation claim in the CCB.”¹

What are the benefits of CCB?

Think of the CCB as mini litigation. It’s designed to be:

• Affordable → Maximum damages are capped at $30,000 total per case. If you’re dealing with smaller disputes, there’s even a “smaller claims track” capped at $5,000.
  

• Accessible → You don’t need a lawyer to participate. Many claimants and respondents represent themselves, although you’re welcome to bring in an attorney if you’d like.
  

• Convenient → The process happens entirely online through eCCB. No traveling to courtrooms, no mountains of paperwork, no complicated motions.

Is Participation Required?

Nope. Participation is voluntary for both parties.

• If you’re the claimant, you choose whether to file with the CCB or go to federal court.
  

• If you’re the respondent (the person being accused), you can opt out within 60 days. If you do, the claimant would have to pursue the case in federal court instead which could be costly for both parties. The respondent must also be a US citizen for you to make a claim against them under the CCB. 

• This keeps the process fair and gives both sides the chance to decide what’s best for them. It's very similar to an arbitration proceeding in this way. 

Important Note: The Claimant MUST have a pending or valid copyright registration over the work that is of issue. This is true for not only for cases with the CCB but also for any copyright case in the federal court. 

Who Runs the CCB?

The CCB isn’t just some automated system. It’s run by three Copyright Claims Officers who are experts in copyright law. They are attorneys who have litigated on both the claimant and respondent sides. They’re supported by attorneys, a paralegal, and program staff who make sure the cases are handled efficiently.

Unlike federal courts, their decisions apply only to the parties in the case—they don’t set precedent like a federal judge’s ruling would. Although they do not set precedents, they do rely on case law and federal law to determine their rulings. 

So What Does the Process Actually Look Like?

The CCB is built for speed and simplicity:

1. File your claim through the eCCB platform (you’ll need an official copyright registration or pending application for the work).
   

2. The respondent is served and has 60 days to decide whether to participate or opt out.
   

3. If both the claimant and respondent participate, the case proceeds online with limited discovery and no drawn-out motions.
   

4. The CCB issues a determination, which may include an order to pay damages if infringement is found.

There are also options to settle along the way, and many disputes may be resolved without needing a full determination!

Another Option to Handle Infringement

Another tool to protect your work online is the Digital Millennium Copyright Act (DMCA). This law establishes a “notice and takedown” system for removing infringing content from websites and online platforms.

Here’s what it means for photographers and small creative entrepreneurs:

• Protect your work quickly: If someone posts your copyrighted photos, illustrations, or graphics without permission, you can send a takedown notice to have the content removed.
  
  

• Counter-notices exist: If the alleged infringer disputes your claim, they can send a counter-notice to have the content restored. Keep records of your original work to support your claim.
  
  

• Avoid misrepresentation: Filing a false takedown notice—or sending an inaccurate counter-notice—can make you liable for damages. Accuracy is key.
  
  

• Accessible for small creators: The DMCA allows you to enforce your rights online without immediately going to court, making it a practical first step in protecting your work.

Want a FREE step-by-step guide on how to create a DMCA takedown? Get yours now! 

The Legal Paige’s Take 

The CCB and the DMCA are powerful tools for photographers, artists, and small business owners who want to protect their work online and enforce their rights affordably. While neither replaces federal court entirely, both offer accessible options that can save time, money, and stress. At The Legal Paige, we always recommend knowing your rights and registering your work before pursuing a claim. 

If you are in need of one-on-one legal assistance regarding copyright disputes and registrations, you can reach out to our sister firm, Griffith Suazo Law, for a consultation. 

¹https://ccb.gov/handbook/Response-Misrepresentation.pdf

THIS BLOG POST IS NOT A SUBSTITUTE FOR LEGAL ADVICE. EVERY SITUATION IS DIFFERENT & IS FACT-SPECIFIC. A proper legal analysis is necessary based on your location and contract. Consult an attorney in your home state for advice regarding your contract or specific legal situation.

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