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Included in the $2.3 trillion spending and coronavirus pandemic relief package signed Sunday, December 27th, by President Trump was the Copyright Alternative in Small-Claims Enforcement (CASE) Act, an alternative dispute resolution program that was first approved by the House of Representatives on Oct. 22, 2019.
The CASE Act of 2019, introduced under H.R.2426, creates a Copyright Claims Board to decide copyright disputes from within the U.S. Copyright Office. The legislation Congress passed last week was mostly unchanged from H.R. 2426.
Bypassing Federal Courts
The CASE Act helps parties bypass the current system requiring all copyright litigation to be filed in federal court. Due to the tremendous time and expense associated with federal infringement litigation, many small companies and individuals are discouraged from pursuing small claims for copyright infringement.
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Infringement Was The CASE: A Look At Intellectual Property Legislation In New COVID Relief Bill
Tucked inside the new 5500 page COVID Relief package which includes much need #SaveOurStages funding were several unrelated pieces of legislation that impact musicians, the music industry, and the entire creative sector.
Attorney John Miranda looks at these three important Acts.
by
The latest COVID-19 relief bill, the Consolidated Appropriations Act, 2021, has been passed by both chambers of Congress as of December 21, 2020. Although public discussion of the relief bill has understandably been dominated by the size of the stimulus checks which will be sent out, the legislation has brought significant developments in the field of intellectual property. These new intellectual property statutes are poised to significantly disrupt the intersection of technology and digital content. The relief bill has not yet been finalized by the President, but the intellectual property provisions are un
Wednesday, December 30, 2020
While most Americans are likely aware that President Donald Trump signed a pandemic relief and government spending bill into law on Dec. 27, 2020 (the “Omnibus Bill”),
[i] it is important for those who have intellectual property assets to understand that tucked away into this nearly 5,600-page legislation are laws impacting copyrights, trademarks, and patents. Despite receiving only limited scrutiny before becoming law, the copyright and trademark laws in particular could have a profound impact on protection and enforcement of these assets.
Copyrights
The Omnibus Bill impacts copyright law in the following general ways: It establishes a copyright small-claims court within the U.S. Copyright Office to adjudicate disputes valued at $30,000 or fewer in damages, and it creates felony criminal penalties for unauthorized commercial streaming.
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