The Case Against the CASE Act: What You Need To Know

The Case Against the CASE Act: What You Need To Know

The Copyright Alternative in Small-Claims Enforcement Act of 2019 (HR 2426) would establish a small claims court for copyright claims. Unfortunately, this legislation is both unconstitutional and would place a huge financial strain on individuals, small businesses and nonprofits across the United States.

Congress must reject the CASE Act and go back to the drawing board to protect American consumers.

  1. The CASE Act doesn’t actually help small artists because it is unconstitutional
  2. The CASE Act will expose ordinary Americans, nonprofits and religious organizations to up to $30,000 in damages for posting a couple memes or photos to social media
  3. The opt-out system will empower copyright trolls to bankrupt many innocent Americans
  4. The opt-out system will benefit large corporations and mass infringers, who will both opt-out while individual Americans, nonprofits and small business will be stuck with the bill
  5. The court would live within the Copyright Office instead of within the judiciary system, absent any independent judicial review in violation of the 7th amendment guarantee to a jury trial

Resources To Get Up To Speed

Re:Create: Coalition Letter to Congress 

ACLU: Letter to Congress

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

Chicago Tribune: About that photo you just posted … proposed CASE Act crackdown on copyright violators also threatens everyday social media sharers

Authors Alliance: Copyright law has a small claims problem. The CASE Act won’t solve it

Electronic Frontier Foundation: Life-Altering Copyright Lawsuits Could Come to Regular Internet Users Under a New Law Moving in the Senate

Center for Democracy & Technology: The CASE Act: The Road to Copyright Trolling is Paved with Good Intentions

Automattic, GitHub, Patreon, Pinterest, and Reddit: Letter to Speaker Pelosi, Senators Feinstein and Harris

Consumer Technology Association: Letter to Senate Judiciary

Niskanen Center: CASE Act Would Create a Drive-Through Window for Copyright Trolling

Innovation Defense Foundation: If You Build It, They Will Troll

Cathy Gellis: Congress And The CASE Of The Proposed Bill That Helps Copyright Trolls