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New small claims copyright court a boon to creators, but may be a bane to unwary consumers
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Highlights From The Intellectual Property Law Institute Of The Lavender Law® Conference - Intellectual Property
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Lessons revealed from
Albright trials
On Thursday, April 29, Managing IP revealed the top lessons learned
by litigators while watching Judge Alan Albright’s first four patent trials at
the US District Court for the Western District of Texas.
Albright, who took up his position at the court in 2018, has fast become the busiest judge for
patent cases in the US. Last year, 855 cases were filed in his court,
124 more than in the Delaware district court, the next busiest venue.
One of the five key lessons that lawyers have taken away is
that they need to give careful thought to how they prepare (and select)
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The U.S. Copyright Office has proposed a fast-track copyright registration option[1] for small claims to be brought before the Copyright Claims Board (CCB). Congress recently created the CCB under the Copyright Alternative in Small-Claims Enforcement (CASE) Act[2] to address the challenges and costs of federal litigation. The CCB must be operational by December 27, 2021 unless an extension is sought by the Copyright Office. Copyright litigation requires a registration certificate before bringing suit. Congress recognized that many small claimants do not register their works.
The option to expedite registration would make the CCB even more accessible to small claimants. To be eligible for the fast-track option, the work being registered must be the subject of a claim or counterclaim before the CCB. This means that a claim could be submitted while an application for registration is still pending. The CCB would still require
Copyright: What s in store for 2021?
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