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What is the CASE Act? An Overview of the Proposed Copyright Law Reform


In May of 2019, the Copyright Alternative in Small-Claims Enforcement Act (CASE Act) was officially introduced in the United States House of Representatives. As members of congress are now returning to Washington, DC for the fall term, this prospective legislation is once again receiving attention.

If it is passed into law, the CASE Act would provide additional legal options for start-ups and small businesses that have been affected by copyright infringement. Here, our Florida copyright law team offers a basic overview of the CASE Act.

The CASE Act: Four Things You Should Know 

  1. The CASE Act Would Set Up a Small Claims Court for Copyright Infringement

Most importantly, the CASE Act seeks to create a board of judges to handle low and moderate value copyright infringement cases in a manner similar to small claims courts. Under the proposed legislation, three-judge panels would be set up to handle copyright infringement claims with modest dollar values using an expedited and more cost effective legal process. 

  1. Financial Damages Would Be Strictly Limited Under this Law

The CASE Act will strictly limit the available financial damages. The current bill would limit damages available through the CASE Act to $15,000 per violation and $30,000 per total claim. To be clear, the law would not prevent companies from pursuing higher levels of copyright damages through traditional litigation. Instead, it would merely offer a more efficient option for smaller cases. 

  1. The Goal is to Make it Easier for Small Businesses to Protect their Copyrights

The primary objective of the CASE Act is to help start-up companies, small businesses, and individuals better protect their intellectual property rights. In some cases, pursuing copyright infringement claims can be expensive — potentially more expensive than the actual damage caused by the copyright infringement. As such, some smaller companies have a difficult time taking legal action. The CASE Act seeks to provide better options for these firms. 

  1. Congress is Expected to Consider the Legislation in the Fall Term

As federal legislators return to the nation’s capital for the fall term, they are expected to consider the Copyright Alternative in Small-Claims Enforcement Act. Notably, the CASE Act has significant bipartisan support. In the House of Representatives, the bill was co-introduced by Hakeem Jefferies (D-New York) and Doug Collins (R-Georgia).

It also has cross-party support in the Senate, including from John Kennedy (R-Louisiana) and Dick Durbin (D-Illinois). Still, there are many obstacles that must be cleared before this bill will become law. Our Florida copyright law attorneys will keep a close watch for legislative and legal developments. 

Discuss Your Claim With a Florida Copyright Law Attorney Today

At Pike & Lustig, LLP, our Miami copyright litigation attorneys are strong advocates for individuals and businesses. If you need copyright law help, please call us today for a confidential assessment of your claim. We will help you take action to protect your IP rights. With legal offices in Miami and West Palm Beach, we represent clients in copyright disputes throughout Southeastern Florida.




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