US Authors Guild Joins With AAP and Copyright Alliance on CASE Act

“On last Wednesday (May 1), the Copyright Alternative in Small-Claims Enforcement Act of 2019 (called the CASE Act) was introduced on the floors of the US House by Representatives Hakeem Jeffries (D-New York) and Doug Collins (R-Georgia) as HR 2426; and in the Senate by John Kennedy (R-Louisiana), Thom Tillis (R-North Carolina), Dick Durbin (D-Illinois), and Mazie Hirono (D-Hawaii) as S 1273….

“The CASE Act would create a streamlined, much less formal process than currently exists in federal court,” according to the [Authors Guild] staff’s messaging. “The parties would not need to hire attorneys and all proceedings would be conducted remotely, drastically reducing the cost. A three-‘judge’ tribunal within the Copyright Office would hear small copyright cases. … The process would also be entirely optional for both parties.” …

There is disagreement about the bill, albeit respectful, coming from the Electronic Frontier Foundation, the nonprofit that works to defend civil liberties issues as they pertain to the digital space. “Though it’s well-intentioned,” a letter from April 23 on the subject from the EFF reads, “this bill would re-ignite the nationwide problem of copyright trolling, just as the federal courts are beginning to address this abusive practice.” 

The foundation’s position is that the CASE Act makes it easier, not harder, for copyright trolls to operate, and that it raises potential threats to the privacy of “home and business Internet subscribers.”

The EFF writes, “We recognize that federal litigation can be expensive, making the pursuit of many small-dollar-value claims impractical for copyright holders. But we believe that much of that expense results from procedures that promote fairness, established and refined through decades of use. Creating a new, parallel system that allows copyright holders to dispense with those procedures invites abuse, especially given the Copyright Office’s institutional bias.” …”