Music Creators North America, together with the Songwriters Guild of America, the Society of Composers & Lyricists, the National Music Council of the United States and the US Copyright Alliance have succeeded in convincing the US Copyright Office to institute a two-tiered fee system for filing small copyright claims under the CASE Act.
The initial filing fee will be $40, with an additional $60 fee payable only if the case becomes active. According to the USCO, this structure prevents frivolous filings, while keeping the fee put at risk by plaintiffs due to opt-outs by defendants to a manageable level.
Copyright Office Issues Final Rule for Initiating Copyright Claims Board Proceedings and Related Procedures
Pursuant to the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020 and after soliciting public comments, the U.S. Copyright Office has published a final rule establishing procedures for the initial stages of a Copyright Claims Board (CCB) proceeding.
The rule provides procedures and requirements for the initial stages of a proceeding, including the following topics:
- Filing claims,
- Opting out of proceedings,
- CCB compliance review,
- Service of the notice of proceeding and claim,
- Service and filing of other documents,
- The CCB’s “second notice,” and
- Filing responses and counterclaims.
Among other provisions, the final rule institutes a two-part fee for filing a claim; standardizes requirements for the claim, response, and counterclaim; and requires certifying parties to affirm that they have confirmed the accuracy of information in the claim. Additional information is available here.
Photo by Bonnie Kittle