The Copyright Claims Board: Good News or Bad News for Communication Scholars?

Aufderheide, P. & Sinnreich, A. (2022). The Copyright Claims Board: Good News or Bad News for Communication Scholars? International Journal of Communication.

14 Pages Posted: 7 Nov 2022

See all articles by Patricia Aufderheide

Patricia Aufderheide

American University - School of Communication

Aram Sinnreich

American University - School of Communication

Date Written: October 17, 2022

Abstract

The U.S. Copyright Claims Board (CCB), created in 2020 by the Copyright Alternative in Small-Claims Enforcement Act, creates a nonjudicial administrative venue to resolve copyright infringement claims up to $30,000. Supporters claim it will help “little guy” creators protect their work. Detractors claim that it will increase corporate intimidation and copyright trolling. We surveyed communication and Internet scholars to assess appetite for risk when challenged for an appropriate fair use and legally permitted reuse of copyrighted material. We found that the CCB does not serve its stated purpose because of scholars’ fear of legal entanglements. Nor will it offer scholars a way to protect copyrighted work because well-informed defendants are most likely to opt out of the venue. We believe the actions of the nascent CCB deserve scrutiny from communication and Internet scholars particularly because the Copyright Office must report to Congress on its effectiveness after three years.

Keywords: copyright, communication, scholarship, fair use, Copyright Claims Board, right to research, freedom of expression

Suggested Citation

Aufderheide, Patricia and Sinnreich, Aram, The Copyright Claims Board: Good News or Bad News for Communication Scholars? (October 17, 2022). Aufderheide, P. & Sinnreich, A. (2022). The Copyright Claims Board: Good News or Bad News for Communication Scholars? International Journal of Communication., Available at SSRN: https://ssrn.com/abstract=4250452

Patricia Aufderheide (Contact Author)

American University - School of Communication ( email )

4400 Massachusetts Ave, NW
Washington, DC 20016
United States
202-885-2069 (Phone)

HOME PAGE: http://cmsimpact.org

Aram Sinnreich

American University - School of Communication ( email )

Mary Graydon Center
4400 Massachusetts Av. NW
Washington, DC 20016
United States

HOME PAGE: http://https://www.american.edu/soc/faculty/aram.cfm

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