DMLA NOI RESPONSE BEFORE THE U.S. COPYRIGHT OFFICE

CASE Act Study

Docket No. 2025–2

COMMENTS OF DMLA

The Digital Media Licensing Association appreciates the opportunity to submit the following comments in response to the notice of inquiry (“NOI”) published by the U.S. Copyright Office in the Federal Register on March 10, 2025, regarding the Copyright Office’s study of the Copyright Claims Board (CCB).

DMLA’s members consist primarily of entities that are engaged in the aggregating and distribution of digital visual imagery (still and video) for purposes of licensing, either directly or indirectly, via digital platforms or are in related industries, such as image enforcement. DMLA’s mission is to foster and protect the interests of its members through advocacy, education and communication. A primary purpose of the organization is to actively advocate copyright protection and copyright education.

DMLA was a strong supporter of a copyright small claims court to be housed within the Copyright Office since it was first considered in connection with proposed orphan works legislation in the mid-late 2000s. Most member organizations manage a large catalog of digital visual content on behalf of contributors and have real concerns regarding the economic impact of infringement. While infringement of content made available for licensing has always been present, the ease with which images can be downloaded, distributed, and used in a digital

environment without obtaining any license or paying a license fee is causing real economic harm to the member image platforms and the individual creators. The ability of the content owners to use the federal court system to redress the harm is limited due in large part (other than registration issues) to the disproportionately high cost and resources required to bring a claim in federal court.

DMLA applauds the Copyright Office for establishing the CCB in a relatively short time. We recognize the major undertaking that the creation of a new tribunal entails for adjudicating relatively lesser value claims, while keeping with the goals of creating a fair, cost-effective, and easy to navigate centralized tribunal where lawyers are not required, and discovery is limited. While the Copyright Alternative in Small-Claims Enforcement Act of 2020, (CASE Act) requires the Copyright Office to initiate a study of the CCB at its one-year mark, we recognize that the tribunal is just getting started, and it appears to be a success in that users are filing claims and decisions are being made.

While DMLA cannot bring actions in its own name, we have been following the progress of the tribunal and are grateful that there is an option other than federal court to redress copyright claims and are encouraged that the opt-out rate is far less than initially speculated before the CCB was launched. Because DMLA does not own copyrightable content and therefore can’t use the tribunal, most members distribute the work of contributors, and it is those contributors who benefit from and are most likely to have experience with the tribunal to make constructive comments. So, while DMLA does not have the experience to answer the individual questions in the NOI, based on our observations of the decisions that are just beginning to wind through the tribunal, DMLA is impressed with the quality and thoughtfulness of the decisions. While one year is a very short time to evaluate the success of the tribunal, we believe that the Copyright Office will continue to improve the system, learn from the cases that have been brought this initial year, and with comments of participants continue to improve the service and make it easier for participants to understand how to bring claims that are covered, formulate valid claims, effectively serve process and give notice, and to continue on to the claims review. We are also encouraged that the CCB results in many settlements of cases, which is also a measure of success.

DMLA continues to support the tribunal and thanks the Copyright Office for its efforts. Copyright owners need the CCB, and we hope it will continue to improve and offer an alternative to the Federal Court that both claimants and respondents embrace as a way of efficiently resolving disputes.

Respectfully Submitted,

Joe G. Naylor
President
Digital Media Licensing Association
c/o Cowan, DeBaets, Abrahams & Sheppard LLP 60 Broad Street, 30th Floor
New York, New York 10004

May 9, 2025