Copyright Claims Board Toolkit: Claim Statements, Opt-Out Decisions, and Settlement Templates

Summary. This toolkit collects annotated templates for every stage of a Copyright Claims Board proceeding, written for claimants, respondents, and the lawyers who advise them. It opens with a forum-fit worksheet and a pre-filing demand letter, then supplies model claim statements for the three claims the Board hears: infringement, declarations of noninfringement, and DMCA misrepresentation under section 512(f). For respondents it provides an opt-out decision memo with an exposure comparison, an opt-out notification worksheet, and model response, agreement-to-cease, and agreement-based counterclaim language. The settlement templates cover a term sheet with Board-specific clauses, a settlement conference position statement, and a joint request asking the Board to dismiss and adopt agreed terms in a final determination so they can be enforced in federal court. Supporting tools include an evidence log, a service tracker, a witness statement, and an application to confirm an unpaid award under 17 U.S.C. section 1508. Each template states its purpose, owner, and timing and is followed by drafting notes tied to the statute, the Board's regulations, and the case law as of June 2025.

A Copyright Claims Board case is built from a handful of short documents: a claim narrative typed into an online form, a one-page opt-out notification, a five-page settlement statement, a joint request capped at 4,000 characters. Those few pages decide whether a claim survives compliance review, whether an opt-out takes effect, and whether a settlement can be enforced in federal court or has to be renegotiated. This toolkit supplies working drafts of each, with notes on what the rules require and where people go wrong.

How to use this toolkit

The short answer. The Board's electronic filing system, eCCB, supplies the structure: fillable forms for the claim, response, counterclaim, and most requests. These templates supply the content that goes into those forms and the documents that sit around them. Replace every bracketed item, delete the options you do not use, and check each template against the current rules in 37 C.F.R. Part 222 before filing; the Board "is not bound by the Federal Rules of Civil Procedure or the Federal Rules of Evidence," so federal habits do not substitute. 37 C.F.R. § 222.1. The templates reflect the statute, 17 U.S.C. §§ 1501-1511, and the Board's rules as of June 2025. The Copyright Office's study of the Board, opened in March 2025, may lead to changes, so confirm forms and fees on ccb.gov. CASE Act Study, 90 Fed. Reg. 11626 (Mar. 10, 2025).

Each template opens with its purpose, its owner (who prepares it), and when to use it, and closes with drafting notes. Read the Board's own Copyright Claims Board Handbook (ccb.gov/handbook) alongside them; it explains each stage in plain language but cannot override the statute or the rules. 37 C.F.R. § 220.3. For the law behind the templates, read The Copyright Claims Board: Small Claims Copyright Litigation Under the CASE Act; for the procedure in order, Bringing or Defending a Claim Before the Copyright Claims Board: A Practical Guide; and for the deadlines, the Copyright Claims Board Filing and Opt-Out Checklist: A Practical Checklist.

Template 1: Board fit and forum worksheet

Purpose: decide, on one page, whether a dispute belongs at the Board and what it is worth there. Owner: the claimant or its lawyer; a respondent's lawyer can fill in the same grid from the other side. When to use: before sending a demand letter, and again before filing.

BOARD FIT WORKSHEET                         Matter: __________  Date: ________

1. CLAIM TYPE (17 U.S.C. 1504(c))
   [ ] Infringement of a section 106 right  [ ] Declaration of noninfringement
   [ ] Section 512(f) misrepresentation
   Excluded add-ons in play?  [ ] 1202 CMI  [ ] 1201  [ ] trademark  [ ] contract

2. PARTIES
   Claimant owned the right at the time of infringement?  ____  Co-owners: ______
   Respondent's exact legal name: ______________  Registered agent: __________
   U.S. resident? [Y/N]   Government entity? [Y/N]   Library/archives list? [Y/N]
   Platform respondent? Takedown sent ______; provider failed to act? [Y/N]

3. TIMING
   First infringing act: ______  Discovered: ______  3-year deadline: ______
   Same claim pending or decided in court? ______

4. REGISTRATION (one line per work)
   Work | Reg. or SR no. | Effective date | First publication | Use began | Timely (412)?

5. MONEY
   Timely works ___ x $15,000 = ____   Untimely works ___ x $7,500 (max $15,000) = ____
   Proceeding cap $30,000   Smaller claims cap $5,000
   Actual damages evidence (license fees, respondent's profits): ____________

6. WHAT THE CLIENT WANTS
   [ ] Money  [ ] Agreed cessation  [ ] Declaration  [ ] Injunction (NOT available)

7. THE RESPONDENT'S LIKELY MOVE
   Opt-out risk: low / medium / high, because ________________________
   If it opts out, will we sue in court? ____ (registration issued? counsel? budget?)

8. ANNUAL FILING COUNT (37 C.F.R. 233.2)
   Claimant ___/30   Lawyer ___/40   Firm ___/80

DECISION: [ ] File at the Board, standard track  [ ] File, smaller claims track
          [ ] Demand letter only  [ ] Federal court  [ ] Walk away

Drafting notes.

• Row 4 drives everything. A work is timely registered if the effective date came before the infringement commenced or within three months after first publication, 17 U.S.C. § 412, and the effective date is the day the Office received the complete application. 17 U.S.C. § 410(d). Infringement commences with the first act in a continuing series. Derek Andrew, Inc. v. Poof Apparel Corp., 528 F.3d 696 (9th Cir. 2008). Timeliness sets the Board cap per work and decides whether statutory damages and fees exist in court at all.
• Row 5 needs an honest count. Photographs in a group registration are registered as separate works, 37 C.F.R. § 202.4(r), but a compilation counts as one work for statutory damages. 17 U.S.C. § 504(c)(1). The proceeding cap is $30,000 no matter how many works. 17 U.S.C. § 1504(e)(1)(D).
• Row 7 is the step most claimants skip. Every filed claim counts toward the annual cap, even one that ends in an opt-out. 37 C.F.R. § 233.2(a). If the respondent can safely ignore the claim, the filing buys a $40 lesson. Plan, too, for the claim to end some other way than a decision: by early 2025 claimants had filed more than 1,000 claims, and the Board had issued just over 30 final determinations. CASE Act Study, 90 Fed. Reg. 11626.
• If the client needs an injunction, a remedy under 17 U.S.C. § 1202 or its companion remedies section, 17 U.S.C. § 1203, or relief against a foreign or government party, stop here. § 1504(d).

Template 2: Pre-filing demand letter

Purpose: resolve the dispute before filing and build a clean record if it does not resolve. Owner: the claimant. When to use: after Template 1 says the claim is viable, and at least two weeks before filing. Never include it in the service packet. 37 C.F.R. § 222.3(b).

[Date]

[Respondent's exact legal name] Attn: [Owner or registered agent] [Address] / [Email]

Re: Unlicensed use of my photograph "[Title]" (U.S. Copyright Reg. No. [VA ___], effective [date])

1. The work. I am a professional photographer and the author and owner of the photograph "[Title]," first published on [date] at [URL]. A copy and the registration certificate are enclosed.
2. The use. Since at least [date], [Respondent] has reproduced and publicly displayed the photograph at [URL(s)] [and in Instagram posts dated ___]. Dated captures are enclosed. I have no record of a license to you or anyone acting for you.
3. The fee. My standard fee for comparable commercial web use is $[___] per year, as reflected in licenses I have issued to others.
4. Proposal. I will grant a retroactive license covering the use from [start date] to the date of removal for $[___], payable by [date], provided the photograph is removed by [date]. [Alternatively, I will license continued use on the enclosed terms.]
5. If we cannot resolve this. If I do not hear from you by [date, at least 14 days out], I intend to file a claim with the Copyright Claims Board, a tribunal within the U.S. Copyright Office that decides copyright claims of up to $30,000, or to file suit in federal court.
6. Preservation. Please preserve all records relating to the photograph's selection, use, and removal.

Sincerely, [Name, contact information]

Drafting notes.

• Write it as if an Officer will read it, because one may. A recipient that files a claim for a declaration of noninfringement attaches the demand as its core exhibit, 37 C.F.R. § 222.2(d)(6), and the Board's evidence rules are its own, so the limits that Fed. R. Evid. 408 puts on using compromise offers do not automatically apply. 37 C.F.R. § 222.1.
• State exposure accurately. Threatening "$150,000 per work" for a work that was not timely registered misstates the law, § 412, and an overreaching threat is exactly what supplies the actual controversy for the recipient's own claim. Accurate is more persuasive: up to $15,000 per timely registered work at the Board, more in court only if § 412 is satisfied.
• Mention both forums, honestly. A respondent decides whether to opt out by guessing whether you would really sue in court; a letter that shows you know the difference makes that guess harder.
• A letter does not stop the limitations clock; only a Board filing tolls the federal period. § 1504(b)(2). Calendar the three-year date from Template 1.
• For tone and structure, see Drafting a Demand Letter: A Practical Checklist and Writing a Demand Letter: The Basics.

Template 3: Infringement claim statement

Purpose: the factual description and statement of harm the claim form requires, 37 C.F.R. § 222.2(c)(7) and (c)(10), written to pass compliance review the first time. Owner: the claimant. When to use: when completing the eCCB claim form; paste each block into the matching field.

Works. "[Title]," a photograph. Author: [Name]. Registration No. [VA ___], effective [date] (group registration of published photographs). Category: pictorial, graphic, and sculptural work.

Ownership. I am the author and sole owner of the copyright and have been since I created the photograph on [date]. There are no co-owners. [Or: Claimant [Company] owns the copyright by written assignment dated [date], Exhibit 2.]

Exclusive rights at issue. Reproduction and public display under 17 U.S.C. § 106(1) and (5).

When the infringement began. On or before [date], the date of the earliest capture (Exhibit 4).

Participants. [Respondent's legal name], which owns and operates [website] and the Instagram account @[handle]. [On information and belief, its web designer, [Name], selected the image.]

Facts showing infringement.

1. I created the photograph on [date] and published it on [date] at [URL] (Exhibit 1).
2. On [date] I found the photograph used as the homepage banner at [URL] (Exhibit 4) and in Instagram posts dated [dates] (Exhibit 5).
3. The image on Respondent's pages is identical to mine, including [the crop / a reflection in the upper left / my edits to the color of the background], and was copied from the full-size file on my site (compare Exhibits 1 and 4).
4. I never licensed the photograph to Respondent or to anyone acting for it. On [date] I sent a written demand (Exhibit 6); Respondent did not respond.

Continuing or ended. As of [filing date], the image remains at [URL] (capture dated [date], Exhibit 7). [Or: Respondent removed it on or about [date].]

Where. Online at [URLs]. Respondent is located in [city, state].

Harm and relief. I license comparable images for commercial web use at $[] to $[] per year (Exhibit 8). Respondent used the photograph for about [] months in advertising for its business without paying any fee. I seek damages within the Board's limits [, estimated at $_] and ask that any determination include Respondent's agreement, if it gives one, to stop using the photograph.

Drafting notes.

• Follow the order of 37 C.F.R. § 222.2(c)(7)(iii)(A)-(G) so the Copyright Claims Attorney can check each element off. A claim found deficient gets two 30-day chances to cure, then dismissal without prejudice. 17 U.S.C. § 1506(f)(1)(B); 37 C.F.R. § 224.1.
• Name the specific rights under 17 U.S.C. § 106. Display and reproduction fit most online uses; distribution fits physical goods; the derivative-work right fits adaptations.
• Facts, not characterizations. "Stole," "pirated," and "blatant" add nothing; dates, URLs, and the identical crop do the work. Where the respondent recreated the image rather than copying the file, identify the protectable choices it took, because courts filter out the unprotectable ones. Rentmeester v. Nike, Inc., 883 F.3d 1111 (9th Cir. 2018). The similarity charts in the Copyright Infringement Litigation Toolkit: Similarity Charts, Expert Reports, and Filtration Analyses adapt well to a Board exhibit.
• You need not elect statutory or actual damages in the claim; the election may wait until just before the final determination. § 1504(e)(1)(B). An estimate of the relief sought is optional. 37 C.F.R. § 222.2(c)(10).
• For a claim against a platform over hosted or linked material, add the affirmation that you sent a proper takedown notice and the provider failed to act. § 1506(f)(1)(C).
• Remember the audience. The respondent reads this claim, exactly as filed, when deciding whether to opt out. 37 C.F.R. § 222.3(b). A measured, documented claim signals a claimant who would follow through in court, which makes staying more attractive.

Template 4: Declaration of noninfringement claim statement

Purpose: let a business or creator accused of infringement ask for a binding answer instead of waiting to be sued. Owner: the accused party, filing as claimant. When to use: after a demand that threatens action, when continued use matters and the accuser seems unlikely to sue but unlikely to stop writing.

Person asserting infringement. [Name], who sent the demand dated [date] (Exhibit 1) [and a follow-up dated ___].

Work alleged to be infringed. "[Title]" [Registration No. ___, if known]. Category: [literary / pictorial, graphic, and sculptural / ___] work.

Our activity. Since [date], we have [displayed the illustration on our product packaging and website at (URL)]. The rights potentially implicated are reproduction, distribution, and display. The activity [continues / ended on ___]. It took place [online and in our retail store in (city, state)].

Why no infringement occurred. [Choose what applies.] (a) License: we bought a commercial license for the image from [stock agency] on [date], license no. [___], which permits packaging and web use (Exhibit 2). (b) Independent creation: our designer created the illustration from her own sketches dated [dates], before [Name]'s work was published (Exhibit 3). (c) No protectable similarity: the only shared elements are [a fox in a scarf in snow], an idea and stock elements that anyone may use. (d) Fair use: [brief factual basis]. We believe 17 U.S.C. § 107 is implicated.

Why an actual controversy exists. [Name]'s letter demands $[___], asserts that our use infringes, and states that [Name] will sue in federal court if we do not pay by [date]. [Name] has sent [two] further demands. We continue to sell the product and need to know whether we may.

Drafting notes.

• The claim must be "consistent with" the Declaratory Judgment Act, 28 U.S.C. § 2201, so write the controversy paragraph to the all-the-circumstances test of MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007): a real dispute between adverse parties, immediate enough to warrant a ruling. The rule asks for exactly this statement. 37 C.F.R. § 222.2(c)(8)(v).
• Lead with the strongest defense and attach its proof. A license and an invoice beat three pages of fair use argument; fair use for a commercial use of a whole image is an uphill argument after Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 598 U.S. 508 (2023).
• Expect the accuser to opt out. The copyright owner is the respondent here and has the same 60-day right as anyone else, after which it may sue in a court of its choosing. If it stays, it may counterclaim for infringement. § 1504(c)(4). The claim works best against a serial letter-writer who prefers not to litigate.
• A win binds only the parties and only on the claims decided, with none of the issue preclusion a court judgment would carry. 17 U.S.C. § 1507(a); compare Restatement (Second) of Judgments § 27 (1982). For the court-side alternative, see Declaratory Judgment Actions: Jurisdiction, Discretion, and the Race to the Courthouse.

Template 5: DMCA misrepresentation claim statement

Purpose: a claim under 17 U.S.C. § 512(f) against someone who knowingly and materially misrepresented infringement in a takedown notice, or misrepresented a mistake in a counter notice. Owner: the user whose content was removed, or the owner harmed by a false counter notice. When to use: after the notice, with evidence of what the sender knew.

Notice at issue. Sender: [Name/company]. Recipient: [platform]'s designated agent. Date sent: [date]. Description: a takedown notice identifying my video "[title]" at [URL] as infringing [Sender]'s song "[title]" (Exhibit 1).

Counter notice. I sent a counter notice to [platform] on [date] (Exhibit 2). [The video was restored on ___ / remains down.]

Words that misrepresented infringement. "[Quote the exact sentence, e.g., 'The video copies the entire recording without authorization.']"

Why the statement was false, and known to be false. 1. The video contains [22] seconds of the recording, used in a review that discusses it (Exhibit 3). 2. On [date], [Sender]'s licensing manager confirmed by email that my channel holds a license covering this use (Exhibit 4). 3. [Sender] sent the notice [16] days after that email.

Harm and relief. The video was offline for [] days; my channel received a strike that suspended monetization, and comparable videos earned about $[_] in that period (Exhibit 5). I seek damages within the Board's limits and ask that any determination include [Sender]'s agreement, if it gives one, to stop sending notices about this video.

Drafting notes.

• The rule requires the sender, recipient, date, a description of each notice, the exact words, and an explanation. 37 C.F.R. § 222.2(c)(9). Quote; do not paraphrase.
• Knowledge is the whole case. A sender is liable only for a knowing, material misrepresentation, judged by its subjective good faith, Rossi v. Motion Picture Ass'n of America, Inc., 391 F.3d 1000 (9th Cir. 2004), and a sender must consider fair use before sending. Lenz v. Universal Music Corp., 815 F.3d 1145 (9th Cir. 2016). Evidence that the sender actually knew, like the license email above, is what separates a viable claim from a grievance.
• Remedies are narrower than in court. Section 512(f) awards damages "including costs and attorneys' fees," but at the Board remedies on these claims are limited to those chapter 15 allows, and each side bears its own fees absent bad faith. § 1504(c)(3), (e)(3). The Board can include an agreed promise to stop sending notices found to be knowing misrepresentations. § 1504(e)(2)(A)(ii).
• For the notice-and-counter-notice mechanics, see How to File a DMCA Takedown Notice (And Respond to One) and Responding to a DMCA Takedown with a Counter-Notice: A Practical Checklist.

Template 6: Evidence log and exhibit list

Purpose: one running record that becomes the documentary evidence list the Board requires with written testimony. Owner: each side keeps its own. When to use: from the first screenshot through the written testimony or the smaller claims merits conference.

Drafting notes.

• Written direct and response testimony must include a statement listing each document, describing it, and explaining how it bears on a claim or counterclaim. 37 C.F.R. § 222.15(b)(1)(i). The last column of this log is that statement.
• Absent leave for good cause, testimony may use only documents served in discovery under the scheduling order. 37 C.F.R. § 222.15(b)(1)(ii). Track the "served" column as carefully as the documents themselves.
• Formal rules of evidence do not apply, § 1506(o), but the Board's own rule says evidence with authentication or credibility problems "will have its weight discounted accordingly," and evidence with serious credibility issues may be excluded. 37 C.F.R. § 222.20(a). The logic of Fed. R. Evid. 901 is still what persuades: who captured it, when, how, and whether anything was altered. Keep native files and, for important captures, a hash value. See Capturing the Web: A Practitioner's Guide to Authenticating Website Screenshots as Evidence in Federal Court.
• Prefix exhibits by party (C- and R-) from the start. If a hearing is held, the documents submitted with written testimony are deemed admitted and marked as exhibits in the order each party presented them. 37 C.F.R. § 222.20(c)(1).

Template 7: Service and deadline tracker

Purpose: prevent the service failures that end more claims than respondents do. Owner: the claimant. When to use: from the compliance notice through the Board's order for the second payment.

SERVICE TRACKER        Docket No. ____-CCB-____     Respondent: __________________

Compliance notice received ............................ ________ (Day 0)
Day 90: service complete AND proof filed .............. ________

PACKET (37 C.F.R. 222.3(b)), nothing else enclosed:
  [ ] Initial notice downloaded from eCCB
  [ ] Claim exactly as found compliant
  [ ] Opt-out form   [ ] Any other document the Board directed

METHOD:  [ ] Process server   [ ] Designated CCB agent (certified mail)
         [ ] Waiver request (first-class mail, Board waiver form, prepaid return envelope)
Waiver mailed ________   Return due (30 days) ________   Fallback service starts ________

Service completed ________ by ____________ at ____________________ (address)
Proof of service filed (earlier of 7 days or Day 90) ........... ________
Board second notice expected (within 20 days of proof) ......... ________
Respondent's Day 60 ________  Adjusted for weekend/holiday ________
Opt-out received? [Y/N]   Board order for $60 and eCCB registration ________
$60 due (14 days) ________   Paid ________   Scheduling order received ________

Drafting notes.

• Service methods and the 90-day deadline come from 17 U.S.C. § 1506(g), and proof-of-service timing from 37 C.F.R. § 222.5(b)(3). An entity that listed a service agent in the Board's directory must be served by certified mail or its designated method. 37 C.F.R. § 222.5(b)(2)(ii).
• A signed waiver counts as service as of the date the respondent signed it, which is the date that starts the respondent's 60 days. § 1506(g)(6)(B). Write that date, not the date the envelope came back, on the tracker.
• The fallback date matters most. A waiver request is cheap but voluntary; if it is not back within 30 days, hire a process server immediately. The field mechanics in Service of Process: Domestic and International Methods That Work carry over.
• Missing day 90 dismisses that respondent without prejudice. § 1506(v)(1); 37 C.F.R. § 228.1. Missing the $60 payment draws one reminder and then dismissal. 37 C.F.R. § 222.7(c).

Template 8: Opt-out decision memo

Purpose: a short written analysis that supports the opt-out decision for the respondent, its insurer, or its board. Owner: the respondent's lawyer, or the owner of a small business working without one. When to use: within 45 days after service, leaving two weeks to carry out the decision.

MEMORANDUM. Privileged and confidential: attorney-client communication

To: [Client] From: [Counsel] Date: [ ] Re: [Claimant] v. [Respondent], CCB Docket No. [ ]: whether to opt out

1. Recommendation and deadline. We recommend that [Respondent] [opt out / remain in the proceeding]. The opt-out deadline is [date], 60 days after service on [date]. Our internal target for carrying out the decision is [date].

2. The claim. [Claim type; works; the use alleged; relief sought; standard or smaller claims track.]

3. Key facts. Registration No. [ ], effective [date]; first publication [date]; our use began [date]. The registration is [timely / not timely] under 17 U.S.C. § 412. Source of the material: [ ]. Duration and scope of use: [ ]. Removed on [date].

4. Defenses. [License / fair use / independent creation / limitations], assessed as [strong / moderate / weak] because [ ].

5. Exposure in each forum. [Table below.]

6. Will the claimant sue if we opt out? [Issued registration? Lawyer who files federal cases? Board and court docket history? Economics without statutory damages?] Estimated probability: [ ]%.

7. Expected cost of each path. [Formula and figures below.]

8. Other considerations. Insurer's position; whether we need a precedential ruling; publicity; whether this claimant or others will return; settlement prospects; available counterclaims; indemnity from [designer or vendor].

9. Next steps. If opting out: complete Template 9, keep the litigation hold, and prepare for a possible complaint. If staying: register on eCCB within 14 days of the Board's order, calendar the response, decide on an agreement to cease, and open settlement talks.

EXPECTED COST
Stay:     P(liability at Board) x expected Board award + our Board costs
Opt out:  P(claimant sues) x [ P(liability in court) x (expected award
          + P(fee award) x claimant's fees) + our court defense costs ]

Illustration (assumptions, not predictions). One photograph, timely registered;
claimant's lawyer files federal cases.
  Stay:    0.85 x $3,000 + $2,500 = about $5,050
  Opt out: 0.50 x [0.85 x ($8,000 + 0.5 x $35,000) + $40,000] = about $30,800
Same facts, but registration NOT timely and a self-represented claimant:
  Stay:    0.85 x $3,000 + $1,500 = about $4,050 (statutory damages still available)
  Opt out: 0.05 x [0.85 x $800 actual damages + $40,000] = about $2,000

Drafting notes.

• The court column rests on four authorities: statutory damages and the willfulness ceiling in 17 U.S.C. § 504(c); willfulness by reckless disregard, Island Software & Computer Service, Inc. v. Microsoft Corp., 413 F.3d 257 (2d Cir. 2005); fee awards under 17 U.S.C. § 505 as applied in Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994) and Kirtsaeng v. John Wiley & Sons, Inc., 579 U.S. 197 (2016); and the jury right on the amount of statutory damages, Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (1998). The factors courts weigh in setting statutory damages are collected in 4 Melville B. Nimmer & David Nimmer, Nimmer on Copyright § 14.04. The Board column comes from § 1504(e) and § 1506(y).
• Section 6 deserves real investigation. A claimant cannot sue in court on a United States work until the Office has registered it or refused registration. Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. 296 (2019). A claimant with only a pending application, no lawyer, and no history of federal suits is a weaker threat than its claim form suggests.
• The illustration shows why § 412 timeliness dominates: the same facts flip the answer. Replace every number with your own estimates and say where each came from.
• Record that the client understands what staying means. Silence after the two notices makes the proceeding active and binding, § 1506(i), and with it the loss of an Article III court and a jury. The Supreme Court has accepted knowing and voluntary consent, even implied consent, as a basis for non-Article III adjudication. Wellness International Network, Ltd. v. Sharif, 575 U.S. 665 (2015). Scholars questioned before enactment whether silence could carry that weight, see Pamela Samuelson & Kathryn Hashimoto, Scholarly Concerns About a Proposed Copyright Small Claims Tribunal, 33 Berkeley Tech. L.J. 689 (2018), and the double notice in § 1506(g)(1) and (h) is Congress's answer. The memo is where the client's understanding gets written down.
• Keep the memo privileged. Share conclusions with an insurer under a common-interest arrangement rather than forwarding the memo.

Template 9: Opt-out notification worksheet and file note

Purpose: make the opt-out effective and leave a record that it was. Owner: the respondent or its lawyer. When to use: once the decision in Template 8 is made, and no later than day 50.

OPT-OUT WORKSHEET (37 C.F.R. 223.1)
Docket No.: ____-CCB-____    Respondent (exact name in the claim): ______________
Served: ______ by [personal service / waiver signed on ______]
Day 60: ______   Weekend/holiday adjusted: ______   Internal target (day 50): ______

METHOD  [ ] eCCB online form; confirmation email address: ____________________
        [ ] Paper form by first-class mail or 2-day carrier; dispatched: ______

REQUIRED CONTENTS (223.1(b)-(c))
 [ ] Docket number
 [ ] Respondent's name
 [ ] Respondent's mailing address
 [ ] Affirmation that respondent will not appear before the Board on this claim
 [ ] Certification under penalty of perjury: signer is the respondent, or its
     counsel or authorized representative directed and authorized to opt out
 [ ] Signature (typed, or handwritten with typed or printed name)
 [ ] CONFIRMATION CODE from the notice: ______________

OTHER RESPONDENTS SERVED (each must opt out separately): ______________________
Board confirmation received: ______ (saved to file)   Board notice to parties: ______

FILE NOTE
Decision approved by ______ on ______ for the reasons in memo dated ______.
Litigation hold remains in effect: YES.   Insurer told of opt-out on: ______
Possible federal complaint: watch for service through ______ (limitations analysis).

Drafting notes.

• The opt-out states no reasons and argues nothing. Its required contents are fixed, and without the confirmation code it is not complete. 37 C.F.R. § 223.1(b)-(c).
• A lawyer or representative may sign only if directed and authorized by the respondent to opt out of that proceeding. 37 C.F.R. § 223.1(b)(5). Get the authorization in writing.
• Each respondent opts out separately, 37 C.F.R. § 223.1(g), and an opt-out is effective even if service was defective. 37 C.F.R. § 223.1(d).
• After the opt-out, the claimant may not refile the same acts and theories against you at the Board unless you affirmatively agree, 37 C.F.R. § 223.1(i), which is worth remembering if settlement talks later make the Board look attractive. New acts or theories are not covered. 37 C.F.R. § 223.1(j).
• An opt-out leaves you unbound by anything the Board does afterward, 17 U.S.C. § 1507(f), but the claimant's federal limitations period was tolled while the claim was pending. § 1504(b)(2). The file note's last line is there for that reason.

Template 10: Response, agreement to cease, and agreement-based counterclaim

Purpose: the substantive content of the Board's response form and, where it fits, a counterclaim under the parties' agreement. Owner: the respondent. When to use: the response is due 30 days after the scheduling order issues, or 60 days if the respondent waived personal service. 37 C.F.R. § 222.8(e).

Facts disputed. Paragraph 2 of the claim states that the photograph appeared on our website from January [year]. Our content-management records show it was first posted on [date] and removed on [date] (Exhibit R-2).

Why there was no infringement, and other defenses. (a) License. [Respondent] commissioned the photographs under a Photography Services Agreement dated [date] (Exhibit R-5), Section 4 of which licenses their use "in all print and digital marketing materials." The printed menu at issue is marketing material. (b) Scope. The only use outside the website was [500] printed menus distributed in our restaurant over [six] weeks. (c) Damages, in the alternative. The use was brief and local, and the agreement's own license fee for comparable uses was $[ ].

Statement on cessation (for the party statement). "If found liable, [Respondent] agrees to an order requiring it to cease all use of the photographs outside the scope of the Agreement and to destroy any remaining printed menus within ten days of the determination."

Counterclaim under an agreement. Agreement: the Photography Services Agreement dated [date] (Exhibit R-5). Relationship to the claim: the infringement claim concerns photographs created and licensed under this Agreement. How the Agreement could affect the claimant's relief: Section 4 licenses the challenged use, and under Section 2 [Respondent] paid $[ ] for [24] images of which [Claimant] delivered [18]. Harm and relief: $[ ], the price of the undelivered images.

Drafting notes.

• The response must contain a short statement disputing facts, a detailed statement of why there was no infringement and every defense (including any exception in §§ 107 through 122), any counterclaims, and a certification under penalty of perjury. 37 C.F.R. § 222.8(b). Each respondent files separately unless they share counsel. 37 C.F.R. § 222.8(a). A missing response can become a default. 37 C.F.R. § 222.8(f).
• Defenses need proof. For a photograph used essentially as taken to illustrate a site or article, fair use rarely succeeds, Brammer v. Violent Hues Productions, LLC, 922 F.3d 255 (4th Cir. 2019); Philpot v. Independent Journal Review, 92 F.4th 252 (4th Cir. 2024), and low traffic is no defense to liability, Bell v. Wilmott Storage Services, LLC, 12 F.4th 1065 (9th Cir. 2021), though it bears on damages. The Fair Use Toolkit: Analysis Memoranda, Clearance Decisions, and Litigation Positions has a fuller analysis template.
• The cessation statement belongs in the party statement or at a hearing, and the Board considers it only on damages, never on liability. 37 C.F.R. § 222.15(b)(3)(v); § 1504(e)(1)(A)(i), (ii)(IV). Offer it when the continuing use is worth less than the reduction it may earn.
• An agreement-based counterclaim must run only against the claimant, arise under an agreement about the same transaction, and be capable of affecting the claimant's relief. § 1504(c)(4)(B)(ii); 37 C.F.R. § 222.9(c)(6). It is due with the response, goes through compliance review, and draws a response from the claimant within 30 days. 37 C.F.R. §§ 222.9(e), 222.10. On the smaller claims track it may seek no more than $5,000. 37 C.F.R. § 226.3.
• Claims against your own designer or vendor are not counterclaims and do not belong here; nothing is lost, because Board counterclaims are never compulsory. § 1507(e). Chain-of-title and indemnity paperwork for the next project is in the Copyright Licensing and Clearance Toolkit: Permissions, Rights, and Chain of Title.

Template 11: Settlement term sheet and Board-specific clauses

Purpose: the deal terms and the clauses a Board settlement needs that an ordinary release does not. Owner: both sides; the claimant usually holds the pen. When to use: any time, and especially after the Board raises settlement at the pre-discovery or post-discovery conference, which it must. 37 C.F.R. § 222.18(a).

1. Payment. [Respondent] shall pay [Claimant] $[ ] [in two installments of $[ ] due [date] and [date]] by [ACH / check] to [account]. Time is of the essence.

2. Removal and cessation. Within [five] business days after the Effective Date, [Respondent] shall remove the Work from every website, social media account, marketplace listing, and printed material it controls, including [URLs], shall [destroy remaining inventory], and shall confirm completion in writing.

3. License. [Claimant] grants [Respondent] a nonexclusive, nontransferable license for the past uses described in Exhibit A from [start date] through the removal date [and a forward license for (scope) through (date)].

4. Releases. On receipt of full payment, [Claimant], and each co-owner and exclusive licensee of the Work, each of whom signs below, releases [Respondent] [and its officers, employees, and the web designer acting for it] from all claims arising from [Respondent]'s use of the Work through the Effective Date. [Respondent] releases [Claimant] from all claims arising from the Proceeding [, including any claim under 17 U.S.C. § 512(f)]. The releases do not cover obligations under this Agreement, uses not licensed by it, or [Respondent]'s claims against [the designer].

5. Board filings. Within [five] business days after [signature / the scheduling order], the parties shall file a joint request to dismiss all claims [and counterclaims] with prejudice and to adopt Sections 1 and 2 in a final determination. [If the proceeding is not yet active: [Claimant] shall request withdrawal of the claim, and the parties shall file a written stipulation that the dismissal is with prejudice.]

6. Enforcement. Sections 1 and 2, if adopted in a final determination, are relief awarded in that determination and may be confirmed under 17 U.S.C. § 1508(a). If any installment is more than [ten] days late after written notice, the unpaid balance becomes immediately due.

7. Takedown housekeeping. Within [three] business days, [Claimant] shall withdraw takedown notices concerning the licensed uses [/ [Respondent] shall withdraw its counter notice], and the parties shall so notify [platform]'s designated agent.

8. No admission. This Agreement is a compromise and is not an admission of liability by any party.

9. Confidentiality. The parties shall keep this Agreement confidential, except that terms adopted in a final determination will be published by the Board, and either party may disclose this Agreement to enforce it.

10. Authority. Each signer represents that it is authorized to bind the party for which it signs.

Drafting notes.

• Adoption is the Board's version of retained jurisdiction. A federal court that dismisses a case without retaining jurisdiction or incorporating the settlement leaves the parties with a separate contract suit. Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375 (1994). Terms the Board adopts into a final determination are instead confirmable under § 1508(a), with the defaulting party paying the enforcement costs. 17 U.S.C. § 1508(a).
• Adoption is available only "in an active proceeding." 17 U.S.C. § 1506(r)(1)-(2). A deal struck during the opt-out window can be documented by withdrawal, which is without prejudice unless all parties stipulate otherwise, § 1506(q)(1); 37 C.F.R. § 222.17(b), and then enforced as a contract. If enforceability matters more than speed, the parties can let day 60 pass, have the claimant pay the $60 balance, and file the joint request once the case is active.
• The Board will adopt terms unless they are "clearly unconscionable." 37 C.F.R. § 222.18(h). Final determinations are published, § 1506(t)(3), so adopt only the payment and cessation terms and keep the rest in the private agreement.
• Get every owner's signature. A co-owner cannot retroactively license away another co-owner's accrued claims. Davis v. Blige, 505 F.3d 90 (2d Cir. 2007). Exclusive licensees of the right at issue should sign too.
• Decide deliberately whether the release reaches the respondent's designer or agency, who may be jointly liable. § 1504(f). A respondent that wants indemnity from its designer should carve its own claims out, as Section 4 does.
• No Board rule tracks Fed. R. Evid. 408, which limits the use of compromise offers in court, so draft offers you could live with an Officer reading. The conference process itself keeps position statements off eCCB and away from the deciding Officers. 37 C.F.R. § 222.18(d)-(e). For general release drafting, see the Settlement Toolkit: Term Sheets, Releases, Offers of Judgment, and Enforcement and Drafting a Settlement Agreement and Release: A Practical Guide.

Template 12: Settlement filings

Purpose: the three short filings that turn a negotiation into a dismissal. Owner: both sides jointly, except the position statement, which each side writes. When to use: in an active proceeding; position statements are due three days before a settlement conference.

(a) Request for a settlement conference and stay (4,000-character form).

The parties jointly request a settlement conference with a Copyright Claims Officer under 37 C.F.R. § 222.18(b) and a stay of the proceeding for 30 days under 37 C.F.R. § 222.18(f) to permit settlement discussions. All parties join in this request.

(b) Settlement conference position statement (five pages, emailed to the presiding Officer, not filed on eCCB).

1. Overview of facts and contentions (one page)
2. Relief sought, including the amount of damages (with the basis for the number)
3. Whether, and to what extent, the challenged conduct continues
4. Prior attempts at resolution: every offer and counteroffer, with dates
Exhibits: no more than 20 pages, unless a necessary agreement runs longer

(c) Joint request to dismiss and adopt settlement terms (4,000-character form).

Claimant [ ] and Respondent [ ] have settled this proceeding and jointly request that the Board dismiss all claims [and counterclaims] with prejudice under 37 C.F.R. § 222.18(g). The parties further request that the Board adopt the following terms of their settlement in its final determination under 17 U.S.C. § 1506(r)(2) and 37 C.F.R. § 222.18(h): (1) Respondent shall pay Claimant $[ ] [in installments of $[ ] due [dates]]. (2) Respondent shall cease all use of the work "[Title]" and remove it from all websites and accounts it controls by [date]. The parties do not ask the Board to adopt any other term of their agreement.

Drafting notes.

• The position statement must cover the four topics in the outline; it meets the formatting rules for uploaded submissions but is emailed, not filed. 37 C.F.R. § 222.18(d). Write it for an Officer who will not decide the case: the Officer who runs the conference is recused from the determination unless the others cannot agree. 37 C.F.R. § 222.18(e).
• A jointly made request is scheduled; an unopposed one is scheduled after seven days. 37 C.F.R. § 222.18(c). Routine requests like these are limited to 4,000 characters, so count. 37 C.F.R. § 220.5(a)(1).
• A joint request for dismissal produces a dismissal with prejudice unless the parties ask otherwise. 37 C.F.R. § 222.18(h). If a stay expires without a deal, the Board issues an amended scheduling order, so calendar the stay's end. 37 C.F.R. § 222.18(f).

Template 13: Witness statement

Purpose: sworn written testimony from a party or nonexpert witness. Owner: both sides. When to use: with written direct, response, or reply testimony, or, on the smaller claims track, with the evidence filed 14 days before the merits conference.

[Claimant] v. [Respondent], Copyright Claims Board Docket No. [ ]

WITNESS STATEMENT OF [NAME]

1. My name is [ ]. I am [the owner of Respondent / a photographer residing in ___]. I make this statement from personal knowledge.
2. [One fact per paragraph, in chronological order, each tied to an exhibit: "On March 3, [year], I captured the page at [URL] using [method]. Exhibit C-4 is that capture, unaltered."]
3. [ ]

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on [date] at [city, state].

[Signature] [Typed name]

Drafting notes.

• A witness statement must be sworn under penalty of perjury, detailed, organized in numbered paragraphs, and limited to facts within the witness's personal knowledge, with no legal argument. 37 C.F.R. § 222.15(b)(2). The closing declaration tracks 28 U.S.C. § 1746.
• Save argument for the party statement, which is limited to 12 pages on direct and response and seven on reply. 37 C.F.R. § 222.15(b)(3), (c)(3). Reply witness statements may only rebut new matter. 37 C.F.R. § 222.15(c)(2).
• On the smaller claims track, an opposing party may ask that a witness appear at the merits conference; a witness who does not appear may have the statement given less weight. 37 C.F.R. § 226.4(d)(2).

Template 14: Application to confirm an unpaid award

Purpose: convert an unpaid Board award into a federal judgment, with the losing party paying the cost of getting it. Owner: the prevailing party. When to use: after the payment date passes, and no later than one year after the final determination, any reconsideration or Register's review, or any amended determination, whichever is last. § 1508(a).

UNITED STATES DISTRICT COURT FOR THE [DISTRICT OF COLUMBIA / ______ DISTRICT]
[Applicant] v. [Respondent]      APPLICATION TO CONFIRM DETERMINATION OF THE
                                 COPYRIGHT CLAIMS BOARD AND FOR ENTRY OF JUDGMENT
1. Parties and the Board proceeding (Docket No. ____-CCB-____)
2. The determination: date issued; relief awarded (amount; cessation terms)
3. Finality: no reconsideration or Register's review pending [or: concluded on ____]
4. Noncompliance: payment due ____; not paid; written demand sent ____
5. Timeliness: filed within one year after ____ (17 U.S.C. 1508(a))
6. Relief: order confirming the relief awarded; judgment for $____; the
   reasonable expenses of obtaining the order, including attorney's fees
   (17 U.S.C. 1508(a)); post-judgment interest (28 U.S.C. 1961)
Exhibit A: certified copy of the final determination (37 C.F.R. 229.2)
Exhibit B: declaration under penalty of perjury (17 U.S.C. 1508(b)(2)(B)):
   (i) Exhibit A is a true and correct copy of the determination
   (ii) the date the determination was issued
   (iii) the statement the statute requires on any challenge under 1508(c)(1)
   (iv) whether applicant knows of other proceedings concerning the determination

Drafting notes.

• The court "shall grant such order and direct entry of judgment" unless the determination has been vacated, modified, or corrected under § 1508(c), and "shall impose" on the noncomplying party the applicant's reasonable expenses, including attorney's fees. § 1508(a). Request the fees in the application and support them with time records.
• Item (iii) of the declaration reads as though written for a challenge rather than a confirmation. Address it expressly, for example by stating that the applicant asserts no challenge under § 1508(c)(1) and knows of none, rather than leaving it out.
• Request the certified copy early; it requires a written request and a fee. 37 C.F.R. § 229.2. Give notice of the application to all parties as for a motion, § 1508(b)(1), which ordinarily points to Fed. R. Civ. P. 5; because the respondent has not yet appeared in that court, consider also serving it as you would a summons so that service cannot become the issue.
• The respondent's only real answer is a challenge on the § 1508(c)(1) grounds, filed within the 90 days that subsection allows. Like the arbitration vacatur grounds that the Supreme Court treated as exclusive in Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008), they do not include ordinary legal error. The procedure resembles confirmation of an arbitration award under 9 U.S.C. § 9, and the Award Enforcement Toolkit: Petitions, Vacatur Motions, and Judgment Collection adapts readily.
• Once judgment enters, register it where the debtor's assets are, 28 U.S.C. § 1963, and enforce it by execution under Fed. R. Civ. P. 69. Interest runs under 28 U.S.C. § 1961. See Collecting a Judgment: Discovery in Aid of Execution, Liens, Levies, and Garnishment.

Frequently asked questions

Can I use these templates if I represent myself? Yes. Congress meant the Board to be "accessible especially for pro se parties and those with little prior formal exposure to copyright laws," H.R. Rep. No. 116-252, at 17 (2019), and many claimants file without a lawyer. Read the rule cited in each template's notes before relying on it, and consider the free help listed in the Board's pro bono directory. 37 C.F.R. § 234.2.

May I enclose a cover letter explaining my claim with the service packet? No. The packet may contain only the Board's notice, the claim, the opt-out form, and what the Board directs, with no settlement demands or descriptions of the claim's strength. 37 C.F.R. § 222.3(b). Send any letter separately.

Do I have to give reasons when I opt out? No. The opt-out affirms that you will not appear and certifies your authority; it argues nothing. 37 C.F.R. § 223.1(b).

Can the Board adopt a settlement we reach before the case becomes active? Not as such. Adoption is tied to settlement "in an active proceeding." § 1506(r). An early deal is documented by withdrawal and enforced as a contract, unless the parties choose to let the case become active first (Template 11).

What if the respondent stops paying installments under adopted terms? Apply to confirm within the one-year window (Template 14). The court must confirm and must add your reasonable expenses of doing so. § 1508(a).

Practical takeaways

• Draft the claim statement to the rule's checklist of elements; most claims that fail are dismissed on paper, not on the merits.
• Run the respondent's exposure comparison with real numbers, and let § 412 timeliness and the claimant's credibility, not irritation, drive the opt-out decision.
• An opt-out is a form, not a letter: required contents, the confirmation code, each respondent separately, and a saved confirmation.
• In settlement, ask the Board to adopt the payment and cessation terms, and only those, so they can be confirmed under § 1508 while the rest stays private.
• Every co-owner and exclusive licensee signs the release; every takedown notice and counter notice gets withdrawn.
• An unpaid award is a year away from a federal judgment with fee shifting; calendar it the day the determination issues.

This document is general information, not legal advice for any particular situation; the law changes, and the facts matter.

Related Documents

Related Articles

• The Copyright Claims Board: Small Claims Copyright Litigation Under the CASE Act: the doctrine, constitutional design, and leading cases behind these templates.
• Copyright Damages and Remedies: Statutory Damages, Profits, Injunctions, and Fees: the court-side numbers in the opt-out memo's second column.
• Declaratory Judgment Actions: Jurisdiction, Discretion, and the Race to the Courthouse: the court alternative to a Board noninfringement claim.
• How to File a DMCA Takedown Notice (And Respond to One): the notice system behind § 512(f) claims.
• Capturing the Web: A Practitioner's Guide to Authenticating Website Screenshots as Evidence in Federal Court: building captures for the evidence log.

Related Guides

• Bringing or Defending a Claim Before the Copyright Claims Board: A Practical Guide: when and why each template is used, step by step.
• Drafting a Settlement Agreement and Release: A Practical Guide: general release drafting to pair with Template 11.
• Service of Process: Domestic and International Methods That Work: techniques behind the service tracker.

Related Checklists

• Copyright Claims Board Filing and Opt-Out Checklist: A Practical Checklist: every deadline these templates serve, on one page.
• Copyright Infringement Claim Evaluation Checklist: A Practical Checklist: the merits screen to run before Template 1.
• Drafting a Demand Letter: A Practical Checklist: a companion to Template 2.
• Responding to a DMCA Takedown with a Counter-Notice: A Practical Checklist: the counter notice that often precedes a Board claim.

Related Toolkits

• Copyright Infringement Litigation Toolkit: Similarity Charts, Expert Reports, and Filtration Analyses: similarity charts that fit a Board exhibit.
• Settlement Toolkit: Term Sheets, Releases, Offers of Judgment, and Enforcement: release and term sheet language beyond the Board-specific clauses.
• Award Enforcement Toolkit: Petitions, Vacatur Motions, and Judgment Collection: petitions and collection tools adaptable to Template 14.
• Fair Use Toolkit: Analysis Memoranda, Clearance Decisions, and Litigation Positions: the fuller fair use analysis a respondent may need.
• Copyright Licensing and Clearance Toolkit: Permissions, Rights, and Chain of Title: the paperwork that prevents the next claim.