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A Win For Creators: CASE Act Advances, Preps For Full Vote In Congress

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Lawmakers take the latest step towards building a better legal system for copyright
Nate Hertweck
Advocacy
Sep 13, 2019 - 3:30 pm

"Music creators are one step closer to having a simpler and more cost-effective way to defend their original works against infringement." –Daryl Friedman, Conversations In Advocacy #65

Good news from D.C. this week: The Copyright Alternative Small Claims Enforcement Act (CASE Act) was successfully marked up and passed in the House Judiciary Committee late Tuesday.

“With the House Judiciary Committee’s passage of the CASE Act, music creators are one step closer to having a simpler and more cost-effective way to defend their original works against infringement,” said Daryl Friedman, Chief Industry, Government & Member Relations Officer of the Recording Academy. “I urge both chambers to pass this legislation to eliminate the unfair advantage against creators that currently exists in copyright law and protect the viability of the music industry.”

The CASE Act is now ready for a full vote in both Congressional chambers, and there is hope the next vote could take place  in the next few weeks.

The bill will create the Copyright Claims Board at the U.S. Copyright office, creating a small claims court and capping claim damages to provide better and more efficient copyright infringement protection, empowering artists, songwriters and other creators who can't afford big budget legal fees associated with Federal court action.

The CASE Act boasts widespread and bipartisan support, with more than 100 Congressional co-sponsors and a robust list of creative organizations and unions behind it. Rep. Doug Collins (R-Ga.), Ranking Member of the Judiciary Committee, points out the bill, "Will create a more streamlined and significantly less costly means for photographers, songwriters and graphic designers to fight property theft and protect their livelihoods.

Rep. Hakeem Jeffries (D-NY), chairman of the House Democratic Caucus and lead author of the bill, added, "The establishment of the Copyright Claims Board is critical for the creative middle class who deserve to benefit from the fruits of their labor."

Also, as creators across the U.S. prepare for the Recording Academy's District Advocate day on Oct. 2, it is reassuring for music makers to see that lawmakers are working to ensure the viability of their profession. Recording Academy members will be meeting with local lawmakers on District Advocate day to discuss key issues affecting the music community.

As the CASE Act gains steam toward becoming law, now is prime time to contact your Members of Congress and urging them to support all creators by co-sponsoring the act to push it one step closer to the president’s desk.

Let Your Representatives Know You Stand In Support Of Music Creators' Rights

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Diverse Support Mounts For CASE Act: Find Out Who Are Among Its 80+ Co-Sponsors

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What do songwriters, lawmakers, novelists, artists, app builders, union members and photographers all have in common? They all support this crucial copyright claims legislation
Nate Hertweck
Advocacy
Aug 28, 2019 - 3:55 pm

Songwriters and artists of all levels of success deserve the same protection of their work, right? Thankfully, the Copyright Alternative Small Claims Enforcement Act (CASE Act) offers just that, addressing copyright enforcement for small and independent creators who can't afford big budget legal fees associated with Federal court action.

Double thankfully, support for the bill is growing, with more than 80 Congressional co-sponsors and a long list of organizations backing the CASE Act as it makes its way through the Congressional process.

Among these champions of copyright are Congressional co-sponsors from both sides of the aisle, which is not only a testament to the strength and necessity for the CASE Act, but an encouraging sign for it becoming a law.

In the House of Representatives, 29 Republicans and 53 Democrats comprise an impressive 82 co-sponsors. Notables include the bill’s lead sponsor, Rep. Hakeem Jeffries (D-NY-8), who is also the Democratic Caucus Chairman, along with House Judiciary Chairman Jerry Nadler (D-NY-10) and Ranking Member Doug Collins (R-GA-9), who each are original cosponsors of the bill. Considering their committee has jurisdiction over the CASE Act, and more than two-thirds support of its members co-sponsor the bill, it is poised to advance to the full House floor for a vote.

The Senate version of the CASE Act, which passed favorably out of the Senate Judiciary Committee last month, is up to 15 co-sponsors, and is led by Senator John Kennedy (R-La.). Senate Judiciary Committee Ranking Member Dianne Feinstein (D-CA) and Senate Minority Whip Dick Durbin (D-IL) are among the notable bipartisan co-sponsors. In all, nearly half of the Senate Judiciary Committee are co-sponsors of the bill.

Beyond the beltway, the CASE Act has earned widespread support from music and non-music groups alike. Key players in the music industry representing artists, songwriters, composers and business have backed the bill, plus writers and musicians unions and various organizations from the worlds of writing, photography, journalism, law and more are also on board—including the Copyright Alliance, American Bar Association, The U.S. Chamber of Commerce, SAG-AFTRA the American Federation of Musicians, the Professional Photographers Association, the Authors Guild, and dozens more.

Fueled by all this support, the CASE Act chugs full steam ahead toward its next step in the process: markup in the House Judiciary Committee at some point late summer/early fall. Now is the time to show your support for the bill by contacting your Members of Congress and urging them to support all creators by co-sponsoring the act to push it one step closer to the president’s desk.

Let Your Representatives Know You Stand In Support Of Music Creators' Rights

Katy Perry

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How The CASE Act Empowers Creators & Prevents Copyright Trolling

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The large-scale "Dark Horse" copyright case reminds us of the necessity of the CASE Act's small claims process and its invaluable protections for all
Nate Hertweck
Advocacy
Aug 7, 2019 - 3:40 pm

The blockbuster Flame v. Katy Perry copyright lawsuit over "Dark Horse" has made big-time news recently in the music industry, but lost in the splash of the headlines over GRAMMY nominated artists is the fact that litigating copyright violations is simply infeasible for the average artist, songwriter or creator.

A case in the magnitude of “Dark Horse” would incur hundreds of thousands of dollars in legal fees just to be heard in court, which is only justifiable based on a potentially large settlement. The federal court system is unattainable to a songwriter who is lucky to earn even a few thousand dollars for their song, leaving most in the music industry with rights but no remedies. For music creators and other creative industries this is a problem, and the CASE Act is its solution.

The Copyright Alternative Small Claims Enforcement (CASE) Act, would create a copyright small claims court that would help independent music creators protect their work. By capping damages at $30,000 and allowing claimants to initiate action without a lawyer and without needing to appear in court, the bill will go a long way to help independent music creators fight infringement without going broke in the process.

Because many working music creators can't afford the type of legal fees associated with a major copyright lawsuit such as the “Dark Horse” case, many are left unable to defend their work. The CASE Act addresses this challenge faced by average music creators unable to enforce infringement because the modest recovery potential often cannot justify the high expenses of litigation.

Some argue the “Dark Horse” verdict could throw open the flood gates for what is known as "copyright trolling," where the troll attempts to coerce a legitimate copyright holder or user into court by bringing frivolous claims against them. Such fears are unfounded when it comes to the CASE Act, which contains numerous safeguards against trolling, even more than exist under current federal law.

For starters, the CASE Act makes the small claims process inhospitable to trolling, providing respondents with the opportunity to opt out of any case and imposing severe penalties for bad faith or frivolous claims. The Copyright Claim Board has the authority to award attorney fees up to $5,000 to the respondent, ban the claimant from filing for a year and even dismiss all pending cases filed by the claimant. The message of the CASE Act is clear: It doesn’t pay to troll.

With solid protection against nefarious claims and bold empowerment for the working class music creator, the CASE Act implements safe, affordable and accessible court system, not for the Dark Horse-level copyright lawsuits, but for the average creator who deserves the same due process.

Supported by both Democrats and Republicans, the CASE Act was passed without objection by the Senate Judiciary Committee last month and now waits for consideration by the House Judiciary before being voted on by all Members of Congress. You can show your support for the bill by contacting your Members of Congress and urging them to push the CASE Act through for the benefit of music creators and the music industry.

Let Your Members Of Congress Know You Stand In Support Of Music Creators' Rights

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Report: The CASE Act Passed Unanimously By Senate Judiciary Committee

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The bill that creates small claims process for copyright holders wins one more battle in the fight for creators' rights – here's how you can help it keep going
Nate Hertweck
Advocacy
Jul 18, 2019 - 11:52 am

Great news for music creators arrived from Washington this morning: The CASE Act was passed unanimously by the Senate Judiciary Committee! The bill addresses copyright enforcement for small and independent creators who can't afford big budget legal fees associated with Federal court action, a huge win for music's working class.

“With today’s passage of the CASE Act out of the Senate Judiciary Committee, creators are one step closer to defending their work against copyright infringement,” said Daryl Friedman, Chief Industry, Government, & Member Relations Officer for the Recording Academy. “The many independent songwriters, artists and producers in our membership will finally have effective remedies to protect against the frequent and willful infringement perpetuated daily by violators across the country.”

Bolstered by strong bipartisan support, The CASE Act promises to cap damages in the small claims court at $30,000 per case and allow claimants to initiate action without a lawyer and without appearing in court. In its absence, many creators have been dissuaded from taking legal action to enforce their copyright because of the high court costs and modest potential recovery.

Next up for the CASE Act, the House Judiciary Committee is expected to take up the bill at some point in late summer/early fall, making now a critical time to show your support for the bill by contacting your Members of Congress and urging them to support all creators by co-sponsoring the act to push it one step closer to the president’s desk.

Let Your Representatives Know You Stand In Support Of Music Creators' Rights

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The CASE Act Takes a Big Step Forward Next Week: Here's How You Can Help

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With the CASE Act headed to the Senate Judiciary Committee for mark-up next week, learn how you can take action in support of creators' rights
Nate Hertweck
Advocacy
Jul 12, 2019 - 4:22 pm

"A system where creators have rights without remedies is a broken system. The Recording Academy stands with the U.S. Copyright Office in support of the CASE Act!" – Conversations In Advocacy #60

A bipartisan bill that could go a long way to helping independent music creators fight infringement without breaking the bank is poised to move forward in Congress. The Copyright Alternative Small Claims Enforcement Act (CASE Act, S. 1273) is scheduled for a mark-up next Thursday in the Senate Judiciary Committee, the next step toward becoming law that addresses small copyright enforcement for creators who can't afford big budget legal fees associated with Federal court action.

"While a copyright owner may want to stop an infringement that has caused a relatively small amount of economic damage, that owner may be dissuaded from filing a lawsuit because the prospect of a modest recovery may not justify the potentially large expense of litigation," the U.S. Copyright Office website states.

The CASE Act would cap damages in the small claims court at $30,000 per case and allow claimants to initiate action without a lawyer and without appearing in court. The Recording Academy strongly supports the CASE Act, which would benefit countless songwriters, performers and studio professionals. 

Unfortunately, some anti-copyright groups are mobilizing against the bill. These critics are spreading misinformation about the CASE Act, dismissing the rights of independent, working-class creators.

The good news is you can help! Show your support for the bill that would benefit countless music creators by contacting your Members of Congress and urging them to support all creators by co-sponsoring this much-needed bill.

With your help, the CASE Act has real potential to advance to the president’s desk and become law. 

Let Your Members Of Congress Know You Stand In Support Of Music Creators' Rights