Posts Tagged: "copyright small claims"

Creative people need a quick, efficient and inexpensive way to recover damages for copyright infringement. They need a place to submit their charge of infringement and collect damages. Until recently, their only option was to bring a lawsuit in a federal district court; a process that is complicated, expensive and time-consuming. The Copyright Alternative in Small Claims Enforcement Act of 2020 (CASE Act) gives them another option, but it is problematic. It is also a problem for small businesses, which are at a disadvantage because the act benefits copyright trolls. It creates a new efficient vehicle for copyright trolls to prey on your clients.

Under Rule VII of the Rules of the Senate, bills can only move forward by unanimous consent. Consequently, a single senator may place a “hold” on a bill to keep it from passing. In principle, the rule exists to ensure that any senator may suspend the legislative process in order to review and research a proposal, particularly in cases where his or her state has a keen interest. In practice, of course, senate holds are wielded like one-man filibusters that often mask ulterior motives. Holds are meant to be contemplative pause buttons, not kill switches. Since last September, Senator Ron Wyden (D-OR) has maintained a hold on the small-claim copyright provision known as the CASE Act. This bill would create a voluntary, small-claim tribunal conducted by a newly created Copyright Claims Board (CCB) at the U.S. Copyright Office.

While there are a number of falsehoods being spread about the CASE Act by those who philosophically oppose any legislation that will help the creative community, there are a few honest critiques that are based on simple misunderstandings about the bill rather than malice. Take, for instance, an article published earlier this week on this blog which characterizes the CASE Act’s intentions as noble, but argues that there are “three gaping holes” that make for bad policy…. The CASE Act will not bring an end to copyright infringement, nor is it intended to. Subversive parties that intend to infringe and skirt the law are unlikely to be brought to justice under the CASE Act. But the CASE Act is good policy for achieving what it is intended to do: provide an alternative to federal court where consenting parties who presently cannot afford to, might finally get their day in court.