Guides · Copyright Claims Board
When they opt out.
The Copyright Claims Board is voluntary. After you serve a claim, the respondent has 60 days to opt out, and many who have something to lose do. Here is what that means and what you can still do.
What an opt-out does
- The proceeding is dismissed without prejudice (§1506(i)). Nothing is decided against you, and you can still sue.
- Your $40 first payment is not refunded. The $60 second payment is never owed, because it is only due once the case becomes active.
- Through March 2026, respondents opted out of 168 of the 1,920 claims filed. Many more claims never got that far because they were dismissed on paperwork.
Your options next
- Ask again for a license fee. A respondent who opted out still used your work. A short, factual letter with your registration and your fee sometimes settles it.
- Talk to a copyright lawyer about federal court. If your work was registered on time, you can ask for statutory damages of $750 to $30,000 per work, up to $150,000 if the infringement was willful, and the court may award attorney’s fees (§§504(c), 505, 412). That is what makes many lawyers willing to take strong cases on contingency.
- Use free help first if cost is the worry. The CCB lists law school clinics and pro bono groups that help with copyright cases, several of them nationwide.
If you are the one served
You have 60 days from service to decide. Staying in means the Board decides the case and you are bound by its determination, with damages capped at $30,000. Opting out means the claimant can take you to federal court instead. It is worth one conversation with a lawyer or clinic before the window closes.
If you win and they don’t pay
A Board determination is enforced through a federal district court. Apply to have it confirmed within one year of the final determination (§1508). The court can also order the non-paying party to cover the cost of getting that order.
Find the right help
Registry’s lawyer page routes you by situation and prints a one-page case summary to bring to a clinic or lawyer. Registry takes no referral fees.
Registry is self-help software, not a law firm. This guide is not legal advice about your case.