Do you know that simply including images and music on your website to tell a story or amplify some aspect of how your business works could prove to be seriously financially damaging thanks to a 2020 US law?
The Copyright Claims Board (CCB) is a new tribunal established by the U.S. Copyright Office under the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020. The CCB is designed to provide a streamlined and cost-effective way for copyright owners to pursue small infringement claims against individuals and businesses.
Some observers predict this will result in a flood of claims by copyright trolls who will post images, music, etc., and scan for those who unwittingly use them without permission.
Under the CCB, copyright owners can file claims for damages of up to $30,000 per proceeding. The board consists of three copyright experts who will review the claims and make decisions based on the evidence presented by both parties. The CCB's decisions are binding and can be appealed only on limited grounds.
The Claims Begin
The first copyright claim under the new law was just awarded to a photographer whose image was used on a website without being licensed from the copyright holder. This March 2023 PetaPixel Article has the details.
Understanding copyright is crucial for businesses that create, use, or distribute copyrighted materials. Copyright law protects original works of authorship, including literary, artistic, musical, and other types of creative works.
This means that if a business creates original content, it owns the exclusive rights to use, distribute, and profit from that content even if there is no copyright notice on the work.
If a business uses someone else's copyrighted material without permission, it can face legal action, such as infringement claims or lawsuits. This can result in significant financial damages, as well as damage to the business's reputation.
Avoid Suits, Protect Yourself
Understanding copyright law and how it applies to a business's activities can help you business avoid infringement claims and protect your own intellectual property.
In addition to avoiding legal trouble, understanding copyright can also be beneficial for businesses in terms of leveraging copyright law to their advantage. For example, a business may want to license its copyrighted material to others for a fee, or it may want to enforce its copyright rights against infringers.
Understanding copyright law can help businesses navigate these issues and make informed decisions about protecting and monetizing their intellectual property.
Remember: While there is little difference between the words “Sure” and “Sue,” the second comes with big consequences. Be sure you have secured the right to use someone else’s content before doing so!
