The Small-Claims Enforcement (CASE) Act (H.R. 2428 S. 1273) of 2019 is legislation that proposes the creation of a voluntary small claims board within the U.S. Copyright Office — providing copyright owners with an alternative to the expensive and complicated process of bringing copyright claims (including infringement and misrepresentation under 512(f)) to federal court. This new board, called the Copyright Claims Board (CCB), would allow recovery in each case of up to $30,000 in damages total, with a cap of $15,000 in statutory damages per work infringed.
On October 22, the CASE Act passed the House of Representatives with a vote of 410-6. On September 10, the House Judiciary Committee reported the Manager’s Amendment to the Small-Claims Enforcement (CASE) Act (H.R. 2426) favorably out of the Committee by a voice vote. In a press release issued following the markup, Rep. Hakeem Jeffries (D-NY) called the establishment of a Copyright Claims Board “critical for the creative middle class.” He stated that the CASE Act “will enable creators to enforce copyright protected content in a fair, timely and affordable manner,” and called the legislation a “strong step in the right direction.” Ranking Member Doug Collins (R-GA) said that the CASE Act is “common sense legislation” that would provide small creators with affordable legal resources to combat copyright theft and lauded the leadership of Rep. Jeffries in drafting this bill and achieving bipartisan support for it. The companion bill in the upper chamber — S. 1273 — was reported favorably out of the Senate Judiciary Committee by a voice vote on July 18, 2019. The Copyright Alliance issued a statement, which can be found here. More information is available here.
The bill was co-sponsored in the Senate by Sens. John Kennedy (R-LA), Thom Tillis (R-NC), Dick Durbin (D-IL), and Mazie Hirono (D-HI). Original House co-sponsors include: HJC Chairman Jerry Nadler (D-NY) and HJC IP Subcommittee Chairman Hank Johnson (D-GA), as well as Martha Roby (R-AL), Judy Chu (D-CA), Ben Cline (R-VA), Ted Lieu (D-CA), and Brian Fitzpatrick (R-PA).
Even with such tremendous progress, we still need your help! If you haven’t contacted your Representatives and Senators, please do so today and urge them to cosponsor the CASE Act. And if you’ve already contacted them, please do so again! We need everyone’s support to ensure that this critical legislation is enacted into law. It’s quick and easy to do. Just click on the link below to message your elected officials.
Then, follow the links below to stay informed about the CASE Act, including statements and other information regarding H.R. 2426 and S. 1273.