Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020

While most people were focused on how large their stimulus checks would be, the Consolidated Appropriations Act of 2021 had a less newsworthy piece of legislation that provides an additional framework for copyright owners.

Included in the legislation is the Copyright Alternative in Small-Claims Enforcement Act of 2019 (CASE Act). In the past, and for the time being, a copyright owner’s sole recourse after discovering infringement was to initiate litigation. This places a heavy burden on small business owners and individuals. The costs associated with litigation could easily exceed the expected damages. The CASE Act has instructed the U.S. Copyright Office to establish a tribunal that would function as a more affordable and streamlined option to settle smaller disputes. In the simplest terms, this tribunal could very well serve as a “small-claims court.”

The Copyright Claims Board (CCB) will be available for disputes under $30,000 ($15,000 per claim or $30,000 for the entire case). However, unlike typical small-claims court, a Defendant could opt-out and the Plaintiff’s claim would be dismissed without prejudice. The Plaintiff would then need to file the action in federal court. One particularly wise option by bringing a claim to the CCB would be the ability to participate remotely in the hearing.

For now, many of the specific questions regarding the process, procedural rules, etc. are unknown. The U.S. Copyright Office has a year to establish the regulations that will control CCB proceedings. Until then, copyright owners recourse is still the traditional route of filing litigation in a federal court that has jurisdiction over the Defendant.