A small claims court for resolving smaller copyright infringement claims could finally come to fruition thanks to a proposed bill for the CASE act. But what is the CASE act and how could it affect you?After being informally debated over the past several years, a bill was introduced in Congress last month that would establish a new Copyright Claims Board known as the Copyright Alternative in Small-Claims Enforcement Act, or CASE act for short.
Why the CASE act was introduced
Filing a copyright infringement lawsuit in federal court can be a costly and time-consuming endeavor, particularly for small businesses and individual copyright holders.
…filing a copyright infringement lawsuit in federal court can be a costly and time-consuming endeavor…
The Copyright Alternative in Small-Claims Enforcement Act of 2016 (CASE Act) would establish a Copyright Claims Board comprised of three officers with significant experience resolving copyright claims. The members of the tribunal would be recommended by the Register of Copyrights and appointed by the Librarian of Congress.
Key Provisions of the CASE act
Below are several other key provisions of the proposal:
Voluntary participation: Proceedings could be initiated by a copyright holder claiming infringement or by a user seeking to obtain a legal declaration of non-infringement. The small claims court would also be authorized to hear claims for misrepresentation in connection with a notification of claimed infringement or a counter notification seeking to replace removed or disabled material under Section 512(f) of the Digital Millennium Copyright Act.
Limited Damages: Awards of statutory damages would be limited to $15,000 for each work infringed, provided the works were registered with the U.S. Copyright Office prior to infringement or within three months of publication. For works that were not timely registered, the damages would be limited to $7,500 per work. The monetary damages in any one proceeding would be capped at $30,000.
Attorneys’ Fees: Except in the case of bad faith conduct, the parties to proceedings before the Copyright Claims Board would bear their own attorneys’ fees and costs.
Electronic Proceedings: Claims before the board would not require in-person appearances by parties or others. Instead, they would take place by means of written submissions, hearings and conferences accomplished via Internet-based applications and other telecommunications facilities.
The Potential repercussions of the CASE Act
The upside of the CASE Act is that copyright infringement claims would proceed more quickly and be less costly to litigate. However, at the same time, the small claims court could also encourage more lawsuits, particularly by so-called “copyright trolls.”
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
How the CASE Act Could Change How We Deal with Copyright Claims
Author: Scarinci Hollenbeck, LLC
What You Need to Know About the CASE Act
A small claims court for resolving smaller copyright infringement claims could finally come to fruition thanks to a proposed bill for the CASE act. But what is the CASE act and how could it affect you?After being informally debated over the past several years, a bill was introduced in Congress last month that would establish a new Copyright Claims Board known as the Copyright Alternative in Small-Claims Enforcement Act, or CASE act for short.
Why the CASE act was introduced
Filing a copyright infringement lawsuit in federal court can be a costly and time-consuming endeavor, particularly for small businesses and individual copyright holders.
…filing a copyright infringement lawsuit in federal court can be a costly and time-consuming endeavor…
The Copyright Alternative in Small-Claims Enforcement Act of 2016 (CASE Act) would establish a Copyright Claims Board comprised of three officers with significant experience resolving copyright claims. The members of the tribunal would be recommended by the Register of Copyrights and appointed by the Librarian of Congress.
Key Provisions of the CASE act
Below are several other key provisions of the proposal:
Voluntary participation: Proceedings could be initiated by a copyright holder claiming infringement or by a user seeking to obtain a legal declaration of non-infringement. The small claims court would also be authorized to hear claims for misrepresentation in connection with a notification of claimed infringement or a counter notification seeking to replace removed or disabled material under Section 512(f) of the Digital Millennium Copyright Act.
Limited Damages: Awards of statutory damages would be limited to $15,000 for each work infringed, provided the works were registered with the U.S. Copyright Office prior to infringement or within three months of publication. For works that were not timely registered, the damages would be limited to $7,500 per work. The monetary damages in any one proceeding would be capped at $30,000.
Attorneys’ Fees: Except in the case of bad faith conduct, the parties to proceedings before the Copyright Claims Board would bear their own attorneys’ fees and costs.
Electronic Proceedings: Claims before the board would not require in-person appearances by parties or others. Instead, they would take place by means of written submissions, hearings and conferences accomplished via Internet-based applications and other telecommunications facilities.
The Potential repercussions of the CASE Act
The upside of the CASE Act is that copyright infringement claims would proceed more quickly and be less costly to litigate. However, at the same time, the small claims court could also encourage more lawsuits, particularly by so-called “copyright trolls.”
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
