Attorneys Play a Key Role in Copyright Claims Board Cases

May 3, 2023

Julie C. Hancock

As the Copyright Claims Board begins ruling on cases, many artists, creatives, and other professionals with an interest in intellectual property matters are keeping an eye on the latest developments. This board presents a fresh opportunity to forgo a lengthy IP lawsuit in favor of a streamlined ruling in smaller copyright claims.

A significant number of cases filed in the first several months of the board have ended up being dismissed or have not yet made it to the point of receiving a ruling. With a majority of individuals representing themselves in their CCB case, we’re seeing a pattern that can be solved with experienced legal representation.

Dodge the Procedural Minefield

Dozens of the initial wave of cases were dismissed, and many of those dismissals were the result of a procedural minefield seen often in intellectual property law. Many cases are not compliant with the terms of the board’s filing requirements. Failing to properly file your case, missing deadlines, or having deficiencies in evidence or reasoning supporting your claim are surefire ways to doom your case from the beginning.

A failure to properly respond to notices of noncompliance and correct any issues in an orderly manner further complicates your case – nearly ensuring a dismissal. Your attorney will be able to assist in reviewing your documents to rectify these issues and get your case in front of the board.

Legal Expertise Required

You know your work was infringed upon, but do you know how to prove it? Experience copyright attorneys bring the necessary expertise to your case in order to prove, legally, how your rights were violated. An attorney can assist in the drafting process while a claimant handles their own case, but the benefit of having a full-service law firm throughout a CCB case protects claimants from being tripped up by procedural complications or legal loopholes.

Copyright attorneys understand the importance of minutiae. Copyright claims require careful attention, and an attorney can ensure that your case is not only filed properly but stays on schedule while not getting tripped up by discovery, hearings, or any requests from the board.

You Need an Advocate in Your Copyright Claims Board Case

At Your Virtual Advocate, we can help draft your claim in a way that reflects the law and removes the emotion claimants rightfully feel when someone else steals their work. While the CCB is set up for self-representation, the nuances, particularly procedurally, of a CCB case create a minefield of issues.  

With our help, and your documents drafted properly, we will ensure you have the letter of the law on your side to secure the damages you are owed. Contact Your Virtual Advocate before you take your case to the Copyright Claims Board.

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