Re:Create Recap September 26, 2019

CASE Act Fact Sheet: Good Intention, Bad Result. The Re:Create Coalition released a fact sheet on the CASE Act to serve as a helpful resource for anyone working to understand the bill and the flaws that must be addressed before it is passed into law. The document breaks down the bill’s lack of legal clarity, constitutional challenges and provisions that expose everyday Americans to abuse and excessive penalties.

Instagram Phishing Scam Is An Example Of CASE Act Flaws. As opponents of the CASE Act continue to object to the serious flaws with the well-intentioned legislation, reports on a new Instagram phishing scam using fake copyright infringement notices shows why lawmakers must fix the CASE Act bill before moving it forward. Bleeping Computer reported on phishing emails targeting Instagram users by issuing “fake suspension messages supposedly triggered by copyright notice and asking them to fill out a ‘Copyright Objection Form” within 24 hours. One of the main problems with the CASE Act is the lack of legal clarity and how it will make everyday Americans vulnerable to scams and exploitation of the system.

Court Could Take “Big Swing” In Led Zeppelin Copyright Ruling.  A New York Times story on the Led Zeppelin “Stairway to Heaven” case noted the recent copyright court decisions that have “shaken the music industry” and called into question which aspects of music can be copyrighted and which are “fair game.” Ben Sisario reported that industry and legal experts are watching for the decision from the U.S. Court of Appeals for the Ninth Circuit to provide a broader clarification. Vanderbilt Law School Associate Professor Joseph P. Fishman predicted the court may “take a big swing” with its next ruling.

EFF: CASE Act Moves To Floor With Plenty Of Flaws. In a blog following the House Judiciary Committee’s vote to approve the CASE Act, EFF highlighted the “dangerous flaws” that would have been raised had a hearing been held, including how the bill will support copyright trolls who take advantage of consumers. EFF’s Trendacosta also explained how the CASE Act “is not as ‘voluntary’ as its boosters say it is…The way the CASE Act is currently structured, the Copyright Office sends a notice about the complaint to someone along with information about how to opt out. If they don’t opt out within 60 days of the notice—in whatever way the Copyright Office decides is the proper way to opt out—then the person is bound to whatever decision is made by the Claims Board, even if they don’t respond at all or don’t show up.”

What They Are Saying About The CASE Act: Click here for additional resources on CASE Act concerns raised by creators, users, startups, tech industry and digital rights advocates.