Editor’s note: David S. Levine is Professor, Elon University School of Law
ELON – Last Monday night, Congress introduced and passed new and significant copyright law, sponsored by NC Senator Thom Tillis, Chairman of the Senate Judiciary Committee’s Subcommittee on Intellectual Property. Tucked into the 5000+ page “must pass” emergency omnibus government funding legislation were two unrelated copyright bills that you’d never know were there, unless you searched for them.
One, innocuously titled “Unauthorized Streaming,” but colloquially known as the “felony streaming” legislation, authorizes up to 10 years in prison for illegal streaming of copyrighted works like films and music.
LongIsland.com
Nikola Tesla chose a site in Shoreham for his visionary experiment to distribute electricity and information wirelessly in the early 20th century. Around the turn of the century, potato farmers on the east end of Long Island along the North Shore could be seen driving their products past the looming tower of scientific achievement that was Nikola Tesla’s Wardenclyffe Tower. Possibly confused or ignorant of the basic principles of the science - as was Tesla’s dramatic nature to wax wistfully of the philosophical implications of his project without much hard evidence to back it up - the farmers probably shook their heads in disbelief at what was happening in their backyards.
CASE Act Signed into Law as Part of Massive Omnibus Bill
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Professional Photographers of America celebrates this monumental victory for artists and creators’ rights
“This legislation establishes a venue where small creators can actually enforce their intellectual property rights and finally be appropriately paid for their work,” Senator Mazie K. Horono (D-HI) said. ATLANTA (PRWEB) December 28, 2020 After more than a decade of negotiations, the Copyright Alternative in Small-Claims Enforcement (CASE) Act was finally signed into law last night by President Donald Trump. This victory for creators and artists marks the end of a 14-year push to create a small claims process that makes it easier for photographers, designers, songwriters, and other creatives to protect their work against copyright infringement. The Act was part of a massive omnibus bill that includes more than $900 billion in coronavi
While the Act offers the possibility of statutory damages and attorney fees, these benefits are not available in all cases and parties cannot recover them until after the copyright owner has engaged in a potentially long court battle that requires up front costs.
The Copyright Office has been asked by Congress to study the obstacles facing small copyright claims disputes, as well as possible alternatives. Specifically, the Office is to undertake a study to: (1) assess the extent to which authors and other copyright owners are effectively prevented from seeking relief from infringements due to constraints in the current system; and (2) furnish specific recommendations, as appropriate, for changes in administrative, regulatory and statutory authority that will improve the adjudication of small copyright claims and thereby enable all copyright owners to more fully realize the promise of exclusive rights enshrined in our Constitution. The initial notice of inquiry seeks comment on how c
The federal financial package passed by Congress this week includes long-sought legislation that will help those who post copyrighted content on the internet pursue legal action against those who steal their work.
The CASE Act establishes a mediation panel for copyright claims of $30,000 or less. It is considered a win nationwide, but particularly in Maine, which has a large number of independent and individual creators, said Douglas Preston, president of the Authors Guild, which was instrumental in getting the legislation before Congress. By establishing a small claims court in the Copyright Office, the CASE Act finally gives small creators a remedy against the theft of their creative work, which has exploded since the establishment of the internet, Preston, a Maine resident and writer, told Mainebiz. The new law is especially important for Maine, because we are one of the top states for small creators in the country. We have many writers, artists, musicians, photographers,