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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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Photo: Stephen Albanese/Michael Ochs Archives/Getty Image

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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

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Sen. Durbin, Jason Mraz and Daryl Friedman meet to discuss the CASE Act
Photo: Recording Academy

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The CASE Act Empowers And Protects Songwriters, So Why Is It Being Blocked?

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Despite bipartisan support and rallying from all corners of the music world, Oregon Senator Ron Wyden opposes the bill
Nate Hertweck
Advocacy
Dec 13, 2019 - 3:20 pm

"Have you heard? Oregon Senator Ron Wyden, who also tried to block the MMA last year, has now put a hold on the CASE Act. Here's how you can help…" –Conversations In Advocacy #70

Sure, sometimes copyright law can be complicated. But some truths are simple: the current system makes it expensive and complex for creators to fight against infringement of their work in a federal court. The Copyright Alternative Small Claims Enforcement Act (CASE Act) seeks to fix this and empower all songwriters, artists, and creators by setting up a simpler and more streamlined small claims court. So what's holding it back?

Despite bipartisan support and championing from the music community, Sen. Ron Wyden (D-OR), who previously opposed the Music Modernization Act (MMA), has placed a hold on the CASE Act and is unwilling to compromise on this much needed copyright reform.

In a Bloomberg Law article, a Wyden spokesman stated that the Senator is holding up the bill due to the new claim board’s ability to award "virtually unappealable" infringement damages of up to $30,000 for posting memes on the internet."

In fact, copyright trolling of this kind, where the troll attempts to coerce a legitimate copyright holder or user into court by bringing frivolous claims against them, is specifically safeguarded against in the CASE Act beyond even current federal law. There are severe penalties for bad faith or frivolous claims, and 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. Simply put, the CASE Act creates an expensive nightmare for trolls.

And while the claim made by Sen. Wyden's spokesman is incorrect, it will not deter artists of all mediums from fighting for their rights.

For instance, in Sen. Wyden's home state of Oregon, there has been a grassroots surge of creators speaking up to help their Senator realize the importance of the CASE Act in protecting their work. It's not just songwriters who will benefit from the bill, but everyone from photographers to filmmakers to creative small business owners as well.

During October's District Advocate day, Recording Academy members met with Sen. Wyden’s office to explain the positive impact of the CASE Act. Additionally, Academy members, including former national trustee Tyler Stone and her bandmate Patrick Hinds, have met with Sen. Wyden’s district office to further explain their support of this bill in greater detail.

But the reality is the CASE Act is gaining steam. It recently passed by a landslide 410-6 vote in the House and as it moves to the Senate, support continues to grow. This past Tuesday, GRAMMY-winning singer/songwriter Jason Mraz met with several lawmakers, including the bill’s bipartisan lead sponsors, Sen. John Kennedy (R-LA) and Sen. Dick Durbin (D-IL), to discuss a path forward for the bill.

So what can you do to join the cause in support of equal copyright protection for all creators? Contact Sen. Wyden, who is blocking the CASE Act from a vote, to let him know you stand with the bill that will simplify and streamline the process for all creators to defend their work against infringement.

District Advocate Day 2019: Music Creators Raise Their Voices Across The U.S.

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Photo: Jesse Wild/Total Guitar Magazine/Future/Getty Images

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Why The CASE Act Works For Everyone From Musicians To The General Public

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Lawmakers, music professionals and the creative community weigh in with the truth on how the bill could immediately benefit those who it designed to protect
Nate Hertweck
Advocacy
Nov 6, 2019 - 3:16 pm

Momentum for the Copyright Alternative Small Claims Enforcement Act (CASE Act) has been mounting for months, and the bill's most recent win was passing 410-6 in the House of Representatives. But a faction of anti-copyright advocates have continued to publicize misleading positions on how the CASE Act will affect copyright infringement protection even after it received broad, bipartisan support in the House of Representatives. As the bill moves to the Senate, their posturing could delay the bill as they work with Senators, like Ron Wyden (D-Ore.), to prevent a vote.

The truth is the CASE Act stands to simplify and streamline the process for creators to defend their work against infringement, not to stifle fair copyright use, deny free expression or enable copyright troll harassment, as critics of the bill have erroneously claimed.

In fact, copyright trolling, where the troll attempts to coerce a legitimate copyright holder or user into court by bringing frivolous claims against them, is specifically safeguarded against in the CASE Act beyond even current federal law. The bill provides respondents with the opportunity to opt out of any case and grants the Copyright Claim Board 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 if the claimant is found to be acting in bad faith.

But what’s not erroneous is the relief that the CASE Act will deliver to a legion of creators and small businesses. The CASE Act serves as a huge help for musicians in so many ways beyond its protection from trolling by making it cheaper and quicker to file copyright infringement claims to protect their work. Also, by capping damages at $30,000, the bill empowers musicians who cannot afford the expensive legal fees associated with Federal court action.

The music community has rallied behind the CASE Act, with Recording Academy Chief Industry, Government & Member Relations Officer Daryl Friedman calling the latest passage in the House, "Another victory for music creators almost exactly a year after the Music Modernization Act was signed into law.” Friedman also underscores the critical next steps for the bill.  

“We now look to the Senate and the White House to get this bill into law and ensure music makers have access to the copyright protection they deserve,” he told Complete Music Update.

And music creators are not the only type of creators who will benefit. Everyone from photographers to filmmakers to creative small business owners will be able to efficiently protect what they create – and for many of these members of the independent creative community, relatively low stakes copyright infringement can be high stakes to their survival.

"The biggest challenge is how expensive and complex it is to fight infringement in federal court," Lisa Dillon and Brian Welsh wrote in The Bend Bulletin’s guest column. The article, titled "Oregon creators deserve the CASE Act," directly addresses those constituents represented by Sen. Wyden.

"If an infringer is incompliant to your attempt to get reimbursed for your work, it’s virtually impossible for a solo-creator or small biz to have any real legal recourse," they continued, adding, "This bill is truly a no-brainer."

And it is. Because ultimately, the general public stands to benefit from the passage of the CASE Act. As our country and our world move ever-faster into the internet age, the bill benefits all because it allows for fair protection of creators' work by establishing more efficient process to enforce infringement, not because it changes any of the free speech rights or laws that are essential to our democracy. Rep. Hakeem Jeffries (D-NY-8), who is a sponsor of the bill, answers criticism that the act threatens free speech online.

"The internet has provided many benefits to society. It is a wonderful thing, but it cannot be allowed to function as if it is the Wild West with absolutely no rules," Rep. Jeffries told The Verge. "We have seen that there are bad actors throughout society and the world who take advantage of the internet as a platform in a variety of ways. We cannot allow it."

He added, "The Internet doesn't change the Constitution."

With the CASE Act primed for a vote in the Senate, now is the time to contact your Senators and urge them to support all creators by co-sponsoring the act. Creators, copyright users and end users alike will thank you.

District Advocate Day 2019: Music Creators Raise Their Voices Across The U.S.

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Peter Asher

Photo: Cheriss May/NurPhoto/Getty Images

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Advocacy Spotlight: Peter Asher's Fab Advocate Track Record & New Beatles Book

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A look inside the Los Angeles Chapter Governor and super producer's staggering history in music and contributions to creators' rights
Nate Hertweck
Advocacy
Oct 30, 2019 - 2:33 pm

Few careers in music have spanned as much time, distance and greatness as Peter Asher's. More than 55 years after his musical journey began, Asher stands today as one of music's strongest advocates, fighting for the rights of creators to receive proper protection and fair compensation for their work.

Dating back to the mid-'60s, Asher broke onto the music scene with his British pop duo Peter and Gordon, striking gold in 1964 with their first single, the Paul McCartney-written "A World Without Love." Asher's Beatles connections would deepen in the years that followed, and he ran A&R for the band's Apple Records label, singing a young James Taylor and producing several albums that would send his career into the stratosphere. A two-time winner of the Producer Of The Year GRAMMY Award, he went on to work with Linda Ronstadt, Bonnie Raitt, Carol King, Cher, Hans Zimmer and many more.

Asher's music industry perspective is as unique as his experience. In an ever-changing landscape of the music industry, he has been instrumental in fighting for artists left out in the cold due to "pre-1972" loophole in the music licensing system. Many legacy acts can now receive compensation for their work when it's played on digital services under the game-changing Music Modernization Act, which was ardently supported by Asher.

More recently, he has also advocated for The Copyright Alternative Small Claims Enforcement (CASE) Act (S. 1273), which recently passed the House of Representatives by a vote of 410-6. The bill empowers songwriters of all levels by establishing a small claims court for copyright infringement cases, removing the cost prohibitive barriers for songwriters who couldn't afford costly federal court action to protect their work.

Earlier this month, Asher hosted a conversation with Congressman Jimmy Gomez (CA-34) during District Advocate day at the GRAMMY Museum, discussing key issues to music creators. No stranger to supporting the Recording Academy's Advocacy initiatives, he has also participated and performed at other District Advocate events as well even hosted GRAMMYs on the Hill in 2018. Earlier this year GRAMMY Week, Asher used the opportunity of the spotlight being on Music's Biggest Night to speak with lawmakers about how the policy they pass affects the music community.

Peter Asher Shares How He Got Behind The Board

Asher currently serves as the Recording Academy Los Angeles Chapter Governor and Advocacy Representative, where he continues to speak up on behalf of music makers of all kinds.

Asher's latest production is a new kind of Beatles book, The Beatles From A to Zed: An Alphabetical Mystery Tour, wherein he takes an alphabetical approach to recalling songs, instruments and other assorted terms and memories letter by letter. The idea for a book grew out of Asher telling these stories on his weekly Sirius XM radio show, Peter Asher: From Me To You. With so many fascinating memories to share, a book seemed inevitable. But the format had to be fresh.

"It seems like everyone Beatles-related has written a book… I was (talking) more about music and songs, along with some stories," Asher told Billboard. His account of all things Fab Four offers a completely different experience from a conventional autobiography, and in many ways reflects Asher's bottomless knowledge and boundless creativity.

The Beatles From A to Zed: An Alphabetical Mystery Tour was released Oct. 29 and is available here. To add your voice to Asher's in support of the CASE Act, contact your Senators and urge them to support all creators by co-sponsoring the act.

District Advocate Day 2019: Music Creators Raise Their Voices Across The U.S.