McGuireWoods partner Brad Newberg will serve on the newly established Copyright Claims Board, a specialized three-judge federal tribunal authorized to resolve certain types of small copyright disputes. His six-year term will begin Aug. 16, 2021.
The Librarian of Congress and the Register of Copyrights appointed Newberg to serve on the tribunal, which will be housed with the U.S. Copyright Office and based at the Library of Congress in Washington, D.C. All three members have deep experience in copyright law. The CCB will develop regulations governing how the tribunal will work and it is expected to begin hearing cases by the end of 2021.
A nationally recognized intellectual property litigator and adviser, Newberg joined McGuireWoods in Tysons, Virginia, in 2014. Throughout his career, he has focused on copyrights, trademarks, domain names, trade secrets, dilution and unfair competition. The National Law Journal honored him as an Intellectual Property Trailblazer in 2017.
“The Copyright Claims Board will provide a lower-cost and more efficient avenue for smaller copyright claims, which will hopefully benefit both copyright plaintiffs and defendants,” Newberg said. “I am incredibly honored to be appointed to the board and to have the opportunity to serve with respected authorities in copyright law. I am grateful to my McGuireWoods colleagues for their friendship and support. I have never worked with a better team.”
When disputes over small copyright claims arise, the cost of a federal lawsuit often exceeds possible relief and makes resolutions difficult. Congress created the CCB when it passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act) to provide a voluntary forum to resolve disputes involving less than $30,000.
“Brad is an outstanding lawyer and our clients benefited tremendously from his command of trademark and copyright law, particularly in areas involving new and emerging technologies,” said David Finkelson, chair of the firm’s IP Litigation & Transactions Department. “This appointment is a testament to Brad’s ability and the high regard his peers have for him. We congratulate him on his appointment and thank him for all of his contributions to McGuireWoods.”