Documents the challenges of resolving small copyright claims in the current legal system.

Recommends creating a voluntary system of adjudication to be administered by the Copyright Office.

Use online and teleconferencing facilities and eliminate the requirement of personal appearances.

Be a voluntary alternative to federal court with a focus on small infringement cases with no more than $30,000 in damages.

Allow claimants who initiated a proceeding to provide notice of the claim to responding parties, who would need to agree to the process through either an opt-out mechanism or affirmative written consent. Respondents could assert all relevant defenses, including fair use and limited counterclaims arising from the infringing conduct. Certain DMCA-related matters relating to takedown notices could also be considered and parties threatened with an infringement action could seek a declaration of noninfringement.

Make determinations binding only with respect to the parties and claims at issues and with no precedential effect. These determinations would be subject to limited administrative review for error and could be challenged in federal district court for fraud, misconduct or other improprieties. Final determinations could be filed in federal court, if necessary, to ensure their enforceability.

The history of the Copyright Office's engagement with the issue of small copyright claims, including its three prior Notices of Inquiry.

The current system for copyright disputes.

Constitutional issues that may arise under an alternative to the current system, such as the Seventh Amendment right to a jury trial and various due process considerations.

The role of state courts in handling non-copyright small claims.

Illustrative additional models and procedures such as: