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6 IPCLJ 1 (2021-2022)

handle is hein.journals/ipclj6 and id is 1 raw text is: Callihan: Copyright Claims and Constitutional Games: The Constitutionality Copyright Claims and Constitutional Games: The Constitutionality of the Copyright Claims Board Following the Supreme Court Ruling in Arthrex By: Laura Callihan I. Introduction It is no secret that litigation is a costly and time-consuming process, and thousands of hours and dollars can easily be spent before a case reaches a conclusion, whether through settlement, dismissal, or trial.1 For small-business owners and individuals, these costs are often too steep to make it economically feasible to pursue legal action.2 Moreover, even if a positive judgment is received, the plaintiff will still likely be responsible for court costs and legal fees, which can easily surpass the monetary damages awarded.3 In civil suits, there are some initiatives aiming to increase accessibility to the courtroom in some areas of civil litigation. Perhaps the most notable are small claims courts, in which parties can bring claims before the court, sometimes before a magistrate judge, that are limited in some manner, such as the amount of money in controversy and whether the plaintiff is seeking only monetary damages. Of course, parties who bring claims in these sorts of courts may also have an attorney present, and sometimes it is advisable for the party to do so (such as if the other party has an attorney, if the other party is a large organization, or if the other party is a government agency). Nevertheless, these courts are intended to provide a broader scope of access to the civil court system for those in the general public who are low-income or indigent, minorities, small businesses, or other parties who would otherwise be unable to bring their claims to be heard by the court. In contrast to claims which can be brought before a small claims court, issues surrounding intellectual property, particularly copyright claims, are nearly always governed by federal law due to the Constitutional provision providing for copyright provision, thus requiring the case to first be heard by a 1 Kathleen K. Olson, The Copyright Claims Board and the Individual Creator: Is Real Reform Possible?, 25 Commc'n L. & Policy 1, 2-3 (2020). 2 Id. 3 Michael Zhang, Why Photographers Need a Copyright Small Claims System, PETAPIXEL (June 11, 2016), https://petapixel.com/2016/06/11/photographers-need-copyright-small-claims-system/ (last visited Oct. 9, 2021). 1 Published by University of Cincinnati College of Law Scholarship and Publications, 2021 1

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