Legislation Proposing Small-Claims Court for Copyright Disputes Headed to Congress
On July 18, 2019, the Senate Judiciary Committee voted to move the Copyright Alternative in Small-Claims Enforcement (CASE) Act out of committee to the floor where it can be voted on by the full Senate. The CASE Act would create a small claims court within the Copyright Office to address copyright disputes.
Under current law, when a creator feels their work has been infringed, they can file and litigate the case in federal court. This requirement exists because copyright law is federal law. However, litigation in federal court can be prohibitively expensive and complex. The goal of a small claims court for copyright disputes would be to provide copyright holders with a feasible alternative to enforce their rights that, due to the (relatively) small monetary amounts at stake, would not be practical if litigation had to be pursued in the federal court system.
If the CASE Act becomes law, a creator could elect to take their claim directly to the Copyright Claims Board ("CCB") where they could represent themselves, hire an attorney, or seek help from qualified law students on a pro bono basis. Participation in a CCB proceeding would be on a voluntary basis, and parties would have the right to litigate the dispute in federal court rather than before the CCB. However, a defendant would only have 60 days in which to opt-out of a CCB proceeding.
The CCB would consist of three Copyright Claims Officers ("CCO") who would be appointed by the Librarian of Congress. The CCOs would be allowed to award monetary relief up to $30,000 in damages per proceeding, with a $15,000 cap in statutory damages per infringed work. Other duties of the CCOs would include conducting hearings, facilitating settlements, and maintaining records of each proceeding. Decisions made by the CCOs would be subject to judicial review.
The Act has garnered praise and criticism . We will provide updates on the Act as they become available.