What is the CASE Act?

Copyright disputes are not always high-profile courtroom battles involving major corporations and multimillion-dollar works of art. Sometimes they involve everyday creators whose work has been copied, shared, or sold without permission. For those individuals, the legal system has historically been intimidating, costly, and inaccessible. To address that imbalance, Congress passed the Copyright Alternative in Small-Claims Enforcement (CASE) Act. This law created a new way for creators to protect their intellectual property without the financial and procedural hurdles of federal litigation. Continue reading and reach out to a New Orleans, Louisiana copyright lawyer to learn more about what it means for someone who is considering whether to act on a copyright violation. Here are some of the questions you may have:

What is the CASE Act and Why Does It Matter?

The CASE Act established the Copyright Claims Board (CCB), which functions much like a small claims court within the U.S. Copyright Office. Instead of taking a claim to federal court, where expenses can easily reach tens of thousands of dollars, creators now have the option of pursuing claims of up to $30,000 before the CCB.

The process is designed to be more efficient, more affordable, and less intimidating. For a writer, musician, or artist who discovers their work has been copied online, this could be a practical path to justice. While it does not replace federal court, it provides an alternative for those whose claims may not justify a lengthy or expensive lawsuit.

How Does the Process Work?

Filing a claim with the CCB begins by submitting a petition through the Copyright Office. Once the claim is reviewed for compliance, the accused party (aka the “respondent”) is notified. At that point, the respondent has the option to participate or to opt out. If they agree to move forward, the case is heard by a panel of three copyright claims officers who review the evidence, hear arguments, and issue a decision.

Should You Consider Using the CASE Act?

Whether the CASE Act is the right solution depends on the circumstances. If the damages are relatively small, or if the goal is to stop an infringing party rather than pursue a lengthy federal case, the CCB may be an excellent option. However, there are limitations. For example, injunctive relief, meaning a formal court order to stop infringement, is not generally available through this process.

The decisions of the CCB are also binding only on the parties who consent to participate. That means if the other party opts out, the creator may still need to pursue the matter in federal court.

If you have further questions about the CASE Act or any other copyright or IP-related matter, please don’t hesitate to contact Lemler IP for assistance today.