The Case Against the CASE Act

The Copyright Alternative in Small-Claims Enforcement Act of 2019 (HR 2426) would establish a small claims court for copyright claims. Small artists face real challenges enforcing their copyrights; unfortunately, the proposed legislation won’t effectively help individual artists and will instead only create new problems for Americans.

The Case Against the CASE Act

  1. The CASE Act doesn’t actually help small artists
  2. The court would live within the Copyright Office instead of within the judiciary system, absent any independent judicial review
  3. The claims system could assign damages up to $30,000 – five times the national average of other small claims courts
  4. The opt-out system will benefit copyright trolls and hurt innocent Americans
  5. The opt-out system will benefit large corporation and mass infringers, who will both opt-out while individual Americans and small business will be stuck with the bill

Resources To Get Up To Speed

Jurist: The CASE Act is for Trolls

ReCreate Coalition: “What Creators, Users, Startups, Tech Industry, Digital Rights Advocates Are Saying About The CASE Act

ReCreate Coalition: ReCreate Letter to Congress: Reject the CASE Act

American Civil Liberties Union: ACLU Vote Recommendation for H.R. 2426, The CASE Act

ReCreate Coalition: The Truth About DMCA Abuse and the CASE Act

ReCreate Coalition: “The CASE Act: Myth vs. Fact

Morning Consult:CASE Act Would Create a Drive-Through Window for Copyright Trolling

The Hill: The CASE Act’s flaws threaten free speech and Congress must fix them

Electronic Frontier Foundation: “Congress  Continues to Ignore the Dangerous Flaws of the CASE Act

Morning Consult:Time to Go Back to the Drawing Board on the CASE Act

ReCreate Coalition: ReCreate Coalition Letter to Oppose the CASE Act

ReCreate Coalition: The CASE Act — A Windfall to Attorneys and Bad Idea for the Rest of Us

Authors Alliance: “Copyright Law Has a Small Claims Problem. The CASE Act Won’t Solve It

Public Knowledge: “The CASE Act: Small Claims, Big Risks

Electronic Frontier Foundation: “Congress Shouldn’t Turn the Copyright Office Into A Copyright Court

ReCreate Coalition: Letter Urging Congress to Reject CASE Act

Techdirt: “Congress And The CASE Of The Proposed Bill That Helps Copyright Trolls

Consumer Technology Association: Letter to Judiciary Hearing re: CASE Act

Engine: Letter to House Judiciary Hearing re: CASE Act

American Library Association: “The Copyright Office doesn’t need a small claims court