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Author: Scarinci Hollenbeck, LLC
Date: September 20, 2016
The Firm
201-896-4100 info@sh-law.comA 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.
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…
As a result, groups like the American Society of Media Photographers and the Professional Photographers of America have called for the creation of a less costly and burdensome legal mechanism to enforce copyright interests.
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.
Below are several other key provisions of the proposal:
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.”
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