Defending Against a Claim Before the Copyright Claims Board
How will someone know if they are sued before the Copyright Claims Board?
If a claim is brought against someone before the CCB, they will be served with a notice explaining the nature of the claims against them, and informing them of their option to participate in the proceeding or to opt out.
Can someone who lives outside of the United States be sued before the Copyright Claims Board?
In general, a party cannot bring a claim before the CCB against anyone residing outside of the United States. However, if someone residing outside of the United States brings a claim before the CCB, the respondent may bring a counterclaim against that foreign resident.
What is a counterclaim and what kinds of counterclaims can be brought before the CCB?
After a claimant brings a “claim” against a respondent, that respondent can bring a claim against the claimant, called a “counterclaim.” A counterclaim is not the same as a defense. While a defense is a direct response to a claim, a counterclaim does not have to be a direct response to the original claim. Instead, in order to bring a counterclaim before the CCB, the dispute must arise out of the same set of circumstances as the original claim, and the counterclaim must:
- involve a dispute regarding copyright infringement or misrepresentation under section 512(f) of the DMCA; or
- be related to a contractual agreement, and that agreement must be relevant to the original claim