As part of the Copyright Office’s efforts to implement the CASE Act, it has asked for feedback on how to operate the “Copyright Claims Board” (CCB) and how it should try to prevent abuse of the system.

The Center for Democracy and Technology joins Public Knowledge, Re:Create, the R Street Institute, and the Organization for Transformative Works in comments urging the Copyright Office to acknowledge the significant constitutional concerns regarding its ability to operate the
CCB, as well as:

  • Ensure that the opt-out process is designed to favor respondents who intend to opt-out of all CCB proceedings and minimize claimants’ ability to abuse the system;
  • Narrowly tailor the types of claims that the CCB can adjudicate; and
  • Address ambiguities in the CASE Act that might allow claimants to litigate the same facts twice.