economics Practical Magic

That 'simple' small claims court meant to help artists protect their work is so confusing that most cases just get thrown out.

SSRN · March 17, 2026 · 6304562

K.C. Webb

The Takeaway

The Copyright Claims Board was designed to be a low-cost, user-friendly alternative to federal court for independent creators. However, the data shows it has become a 'procedural mirage' where the vast majority of cases are dismissed for technical defects before a judge ever reviews the merits.

From the abstract

<span>The newly created Copyright Claims Board (CCB), was designed to provide a streamlined and low-cost alternative to federal litigation for small copyright claims. However</span><span>, the CCB process may be more mirage than miracle for many rights owners.​ Drawing on original empirical research, this paper critically investigates the first operational years of the CCB. The data reveals that while the forum is dominated by individual and small business claimants such as photographers and des