October 19, 2021

CASE Act Passes US House of Representatives

From Billboard:

The Copyright Alternative in Small-Claims Enforcement (CASE) Act passed 410-6 in the U.S. House of Representatives Tuesday evening (Oct. 22). It now goes to the Senate for a vote before it can become law.

If successful, the CASE Act will create a copyright claims board within the U.S. Copyright Office to rule on small claims infringement cases where damages would be capped at $15,000 per claim and $30,000 total.

The bill would give independent creators a practical way to enforce their rights without the burden of hiring an attorney to fight the infringement in federal court. Cases would be decided by a three-judge panel of subject matter experts inside the Copyright Office, who will hear only straightforward cases of alleged infringement. It includes a provision in which the Copyright Office will monitor the process in order to ensure it is not being used as a tool of harassment, according a recent House press release.

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From The Verge:

…internet advocacy and civil rights groups like the Electronic Frontier Foundation (EFF) and the American Civil Liberties Union have warned that a system like the one proposed by the CASE Act could cost the average internet user thousands for simply sharing a meme or lead to encroachments on their First Amendment rights.”

“Any system to enable easier enforcement of copyrights runs the risk of creating a chilling effect with respect to speech online,” the ACLU wrote in a letter to lawmakers on Monday urging them to oppose the measure. “Many of these cases will be legitimate. However, some will not, and others, even if brought in good faith, may be defensible as fair use or for some other permissible reason.”

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Read/Track the Legislation

Statements

The House Votes in Favor of Disastrous Copyright Bill (via EFF)

Copyright Alliance Applauds House Passage of the CASE Act

About Gary Price

Gary Price (gprice@mediasourceinc.com) is a librarian, writer, consultant, and frequent conference speaker based in the Washington D.C. metro area. Before launching INFOdocket, Price and Shirl Kennedy were the founders and senior editors at ResourceShelf and DocuTicker for 10 years. From 2006-2009 he was Director of Online Information Services at Ask.com, and is currently a contributing editor at Search Engine Land.

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