A Small Claims Court for Creators

[Art Munson]

Just found this article. http://copyrightalliance.org/ca_post/small-claims-on-the-horizon/A Small Claims Court is on the Horizon for Creators

From their article.

“Today, Congressmen Hakeem Jeffries (D-NY) and Tom Marino (R-PA), along with Representatives Doug Collins (R-GA), Judy Chu (D-CA), Ted Lieu (D-CA), and Lamar Smith (R-TX) introduced H.R. 3945, the Copyright Alternative in Small–Claims Enforcement (CASE) Act of 2017, a bill proposing an alternative to federal court, in the form of small claims tribunal to be established within the Copyright Office. Among the most important features of this bill are the ability to opt-out of the proceedings, rendering the process entirely voluntarily, and the cap on damages allowing an award of no more than $15,000 per work infringed and $30,000 total. There’s also a provision allowing the parties to use the pro bono assistance of law students in legal clinics rather than shouldering the cost of attorney’s fees.”

[Art Munson]

Bump

[BEATSLINGER]

Damned near brought tears to my eyes! This is WONDERFUL NEWS!!

[MichaelL]

They’ve been talking about this concept for a number of years. It will be interesting to see how it gets implemented, if the small claims courts would be attached to Federal Districts, etc.

I’d also be very interested in seeing what their procedural requirments and evidentiary standards will be. A “tribunal” suggests that these matters will be heard by a panel of qualified individuals (perhaps lawyers) rather than a jury.

Of course, this is a sword that swings both ways. Composers could more easily find themselves as defendants on the receiving end of small claims suits.

[MichaelL]

Here’s are one very important statement from a Billboard article that came through the Copyright Society that cuts to the heart of one the biggest infringement issues faced by library composers:

“This isn’t going to do anything about the problem of mass infringement online outside the U.S.,” says David Lowery, the Camper Van Beethoven and Cracker frontman, who has become an outspoken advocate for creators rights. “But overall this is really important for creators.”

[Author]

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