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On Thursday, June 16, the US Copyright Claims Board (CCB) will begin accepting claims for alleged copyright infringement cases valued at $30,000 or less. ARL has released a CASE Act Toolkit with background on the Copyright Claims Board established by the act; information on opt-out procedures for libraries, archives, and their institutions; and a template letter that you may customize and share with others on campus. Please share the CASE Act Toolkit with your colleagues and networks.
ARL created the toolkit in collaboration with Rachael Samberg, scholarly communication officer and program director, Office of Scholarly Communication Services, University of California, Berkeley Library; Samberg is a member of ARL’s Advocacy and Public Policy Committee. ARL and Samberg consulted with ARL’s copyright counsel Jonathan Band in developing the toolkit.
Libraries and archives may preemptively opt out of CCB proceedings using this CCB Opt-Out Form. The CCB will add those that opt out to its Library and Archive Opt-Out List.
There are several advantages to opting out. Library and archives employees doing work in the scope of their employment are not subject to CCB claims if their library has opted out. While federal and state entities are not subject to CCB claims, opting out would put the public on notice that the employees of a federal or state library or archives should not be subject to CCB claims. The following categories of people and entities are potentially subject to CCB claims:
Can a CCB claim be properly brought against…
| Type of Stakeholder | Type of Institution | |
|---|---|---|
| Federal or State Government Entity | Private Institution | |
| A “library” or “archives” | No | Yes, unless an authorized signatory of the library or archives preemptively opts out of CCB proceedings |
| Employees of the library/archives in the capacity of their employment | No. The issue of whether someone is acting in the capacity of their employment may be decided only after a claim is filed. | Yes, unless an authorized signatory of the library or archives preemptively opts out of CCB proceedings |
| Employees of the institution acting within the scope of their employment | No. The issue of whether someone is acting in the capacity of their employment may be decided only after a claim is filed. | Yes |
| Employees of the institution acting beyond the scope of their employment capacity | Yes | Yes |
| Students | Yes | Yes |
(Download a PDF of the above table)
(Download a JPEG of the above table)
The CCB was established by Congress at the end of 2021. Additional guidance and information on the CCB and the CASE Act can be found in the CASE Act Toolkit. Please consult with your campus general counsel for institution-specific legal advice.
About the Association of Research Libraries
The Association of Research Libraries (ARL) is a nonprofit organization of 126 research libraries in Canada and the US whose mission is to advance research, learning, and scholarly communication. The Association fosters the open exchange of ideas and expertise; advances diversity, equity, and inclusion; and pursues advocacy and public policy efforts that reflect the values of the library, scholarly, and higher education communities. ARL forges partnerships and catalyzes the collective efforts of research libraries to enable knowledge creation and to achieve enduring and barrier-free access to information. ARL is on the web at ARL.org.
