Congress recently passed the Copyright Alliance in Small Claims Enforcement Act (CASE Act), a potential big win for emerging and independent artists. It comes in the controversial 2.3 trillion dollar COVID-19 stimulus package. The CASE Act proposes to institute a more efficient adjudication process for copyright infringement claims that are deemed to be less than $30,000 worth of damages. It is essentially a “small claims court” for copyright applications who are seeking to resolve copyright infringement matters in a faster and more affordable manner. With the passage of the act, copyright owners may elect to go through the United States Copyright Claims Board, rather than through the Federal Court system.
No law however comes without critics. Many fear that with the passage of this law, there will be an uptick in “copyright trolling,” which is a tactic where copyright owners will use certain algorithms or other digital technology to scour the internet for copyright violations to obtain massive damages. The CASE Act, however, has implemented certain measures aimed at mitigating frivolous lawsuits, such as limiting the number of lawsuits one single claimant may file in a one year period, as well as dismissing claims with prejudice for failing to prosecute (essentially, missing deadlines or failing to respond). Opponents of the Act fear that ordinary internet users will be targeted for everyday internet use such as sharing memes or posting videos who won’t have the time or resources to fight back.
This new small claims system should provide a less expensive and more streamlined process for copyright owners to protect their rights than has existed in the past, but only time will tell.
Article by Mandie Capozzelli