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The Copyright Alternative in Small Claims Enforcement Act (CASE Act) was signed into law on December 27, 2020, as part of the Omnibus COVID-19 Relief Bill. The CASE Act establishes a completely new forum for resolution of small copyright disputes, the Copyright Claims Board (CCB), in which parties may voluntarily resolve copyright disputes in front of a three-judge panel of officers appointed by the librarian of Congress. The CCB is intended to provide a streamlined and less expensive forum for small copyright disputes, with civil claims and counterclaims capped at $30,000 in actual or statutory damages. For example, an act of infringement of a single photograph may not always be worth the expense of a district court lawsuit; it could be resolved by the CCB instead.
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On December 27, 2020, President Trump signed the highly anticipated COVID-19 stimulus relief and government-funding bill. The second stimulus package is omnibus legislation spanning over 5,500 pages, and includes several provisions that will influence the intellectual property legal landscape. In this article, we will take a brief look at the Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act”).
The CASE Act revises the Copyright Act, 17 U.S.C. §§ 101
et seq., and creates a cost-effective alternative venue for copyright owners to enforce their rights without having to file lawsuits in federal court. Specifically, the CASE Act establishes a Copyright Claims Board within the U.S. Copyright Office that may adjudicate small claims of copyright infringement using streamlined procedures and award-limited remedies, including no more than $30,000 in total damages. A summary of the CASE Act provisions is
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It may come as some surprise that embedded within the over 5,500-pages of the recent COVID-19 relief and government funding bill (the Consolidated Appropriations Act) are several (not-insubstantial) changes to copyright and trademark law and procedure.
Specifically, the relief package which was signed into law on December 27, 2020 incorporated the Trademark Modernization Act of 2020, the Copyright Alternative in Small-Claims Enforcement Act of 2020, and the Protecting Lawful Streaming Act, which bring significant developments in the field of intellectual property and will certainly impact the actions of intellectual property owners and third parties alike.
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Signed into law on December 27, 2020, the Consolidated Appropriations Act, 2021 contained more than just COVID-19 relief and federal government funding. The omnibus bill also included two significant pieces of copyright legislation: the Copyright Alternative in Small-Claims Enforcement Act (CASE Act), which creates a voluntary small claims court for resolving certain copyright disputes, and the Protecting Lawful Streaming Act, which makes certain unauthorized online streaming activities a felony offense.
The CASE Act: New Tribunal, New Procedures, and New Litigation Strategies
As reported last year when the House passed an earlier version of the bill, the CASE Act establishes the Copyright Claims Board (CCB), a three-person tribunal administered by the Copyright Office and charged with adjudicating relatively small copyright disputes, including copyright infringement claims and DMCA misrepresentation claims of $30,000 or
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On December 27, 2020, the bipartisan COVID-19 relief bill, the Consolidated Act, 2021, was signed into law. This bipartisan bill incorporated numerous provisions unrelated to COVID-19 relief, including the Copyright Alternative in Small-Claims Enforcement Act of 2020 (“CASE Act”), versions of which had been before Congress since 2016. The CASE Act has the stated goal of creating a more efficient way for copyright owners to enforce small claims by establishing the Copyright Claims Board as an alternative venue to adjudicate copyright infringement claims valued at no more than $30,000 in total damages, exclusive of any attorneys’ fees and costs that may be awarded.