by visitor blogger Elizabeth Townsend Gard
[Eric’s note: this is the first of a three-part series from Prof. Gard looking at the Copyright Claims Board and some of its outcomes.]
CCB respondents might decide out of a continuing inside 60 days of service. This was an enormous query for individuals — why wouldn’t a respondent decide out? May a system that’s voluntary even work? So, how’s it going? Who’s opting out?
We’re not fairly certain but, as most of the claims are nonetheless working their manner via the system. However let’s take a look at 1) who has opted out and a couple of) if we will, who has not.
As of March 15, 2023, 21 respondents have opted out. This implies they have been served or waived service, and selected to not proceed within the proceedings. This can be a fast evaluation of what we see.
A Smaller Declare is beneath $5,000. Solely one among these claims included a smaller declare. The remainder requested for the utmost (and typically erroneously extra).
You possibly can see that images proper now make up 66.7% of the works concerned in opting out. That is what was anticipated with the CCB. We even have not less than three instances of unauthorized use of artwork, one for musical composition, one for broadcasting at an institution with no license. There aren’t any literary or sound recordings, and one was not clear what kind of labor it was.
You discover that they’re all infringement claims however one. There aren’t any declarations of noninfringement within the opt-out bundle to this point.
So, extra are represented by attorneys in the intervening time. These are the primary adopters who have been usually prepared with their registered works to file. We are going to see if this quantity continues to carry.
The place is the infringement happening? Web sites, largely.
And most stunning (or not) is that many of the works have been already registered. I feel this can probably go down as the primary adopters flip into basic customers. However these guys have been able to file.
Case scheduling and the second a part of the submitting charge ($60) solely happens after the opt-out interval, usually. So we will see who has made it to scheduling as a marker of the opt-out ratio. (You possibly can obtain by kind of doc).
Up to now, as of March 15, 2023, we have now 34 instances which have gone to the “Order to Pay Second Submitting Payment.” In different phrases, 34 haven’t opted out.
Prior Weblog Posts on the CCB