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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. Ron Wyden (D–Ore.)

Photo: Chris Kleponis-Pool/Getty Images

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CASE Act Update: Why Won’t Senator Wyden Support Music Makers?

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A new billboard, an enlightening op-ed and a mounting online surge of support for music creators are all asking: why won't Oregon's Sen. Wyden release his hold on the bill?
Advocacy
Jan 15, 2020 - 4:38 pm

The Copyright Alternative Small Claims Enforcement Act (CASE Act) has gained bipartisan backing and widespread support from across the creative community – so why hasn't this bill become law? Sen. Ron Wyden (D–Ore.) continues his hold on the bill, unwilling to compromise.

Fortunately, a surge of grassroots activism from many types of creatives, including music creators, is turning up the heat on Sen. Wyden. Oregonians and creators across the country alike have built increase online activity to pressure Sen. Wyden to reconsider and remove the hold, including the hashtag  #JustOne designed to highlight that only one lawmaker is standing in the way of this bill becoming law.

Most notably, a new billboard went up near Sen. Wyden's office in Portland that draws attention to Wyden’s hold on the creative community. Additionally, an op-ed ran today in the The Oregonian titled "Sen. Wyden, Please Don't Harm Oregon's Music Scene." Written by four current and past Recording Academy leaders, including Stone, Sylvia Massey, Amy Dragon and Amber Sweeney, outlines why the CASE Act is, "A vital piece of legislation that will empower music creators."

"Indie creators are uniquely vulnerable to the realities of the modern music industry. With the massive expense of litigation to protect intellectual property, they are crushed under the weight of a copyright system which leaves music creators unable to claim ownership of what’s rightfully theirs," the article states, concluding with, "Will Sen. Wyden support the music creators in our state, or will he go down in history as the senator who killed this important bill?"

As part of the rollout of the billboard, which went up earlier this week, Oregon creators shared their reasoning for erecting it during a press briefing today where they further articulated their frustrations with Sen. Wyden’s continued hold on the bill.

Participating in the briefing are several members of Oregon's creative community, including MIT Portraits' Bryan Welsh, photographer Lisa Dillon, Executive Director of Music Portland Meara McLaughlin, Polara Studios' Michael Shay, Immediate Past President of Oregon Professional Photographers Association and Light Science Studios' Sam Tarrel, as well as producer, vocalist, DJ and former Recording Academy Trustee Tyler Stone.

This diverse and passionate roster participants in today's briefing are a testament to the impact the hold on the bill has on creators in Oregon and beyond.

The CASE Act would fix the current system makes it expensive and complex for creators to fight against infringement of their work in a federal court by setting up a simpler and more streamlined small claims court. The bill recently passed by a landslide 410-6 vote in the House and will move to the Senate next. Sen. Ron Wyden's hold might come as little surprise, considering he also previously opposed the Music Modernization Act (MMA).

Indeed, the critical question remains whether Sen. Wyden will continue to decide the fate of the CASE Act. Now is the time to contact Sen. Wyden 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.

What's Ahead In 2020 For Music Creators' Rights?

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Karyn A. Temple

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Karyn Temple To Exit U.S. Copyright Office: How The CASE Act Can Continue Her Great Work

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As the current Register of Copyrights prepares to move on to a new role, we look at how the CASE Act is still setup for success and what's left to be done
Nate Hertweck
Advocacy
Dec 18, 2019 - 4:23 pm

For the times they are a-changing in Washington. Karyn Temple, who has been instrumental in the successful implementation of the Music Modernization Act (MMA), is leaving her post as the 13th Register of Copyrights at the conclusion of this year. Temple is departing the U.S. Copyright Office to become the Motion Picture Association’s General Counsel. Her dedication to the effort to modernize the Copyright Office has been admirable and will surely be missed.

One of many to congratulate and laud the outgoing Register leading up to her departure, Librarian of Congress Dr. Carla Hayden stated that Temple, "Greatly improved [the Copyright Office’s] critical functions and paved the way for a modernized Copyright system."

Temple has been with the Copyright Office since 2013, and even shared the stage for a panel at SXSW in 2017 with the Recording Academy's own Director of Advocacy & Public Policy, Todd Dupler. And her legacy will live on through her many accomplishments such as the establishment of the Mechanical Licensing Collective, compensation for pre-1972 recording artists, and strong devotion to the importance of copyright and creativity.  The Recording Academy sends a big "thank you" to Temple for her efforts to build a better system for music makers.

But Temple's diligent work on behalf of creators won’t stop with her departure. In fact, she leaves behind a Copyright Office that is already effectively implementing last year’s MMA and is well-prepared for the eventual passage of the CASE Act, which will establish a simpler and more streamlined small claims court to empower and protect all songwriters, artists, and creators.

The CASE Act's momentum continued during the Senate Committee on the Judiciary's hearing on Dec. 10, where their discussion of modernization efforts included the Copyright Office's readiness to implement the CASE Act. The hearing also outlined the timeline to name Temple's replacement, with Dr. Hayden saying they'd like to name a replacement in as soon as possible and that she would prefer to coordinate on this decision with the Senator’s offices. In the meantime, Dr. Hayden recently appointed Maria Strong to serve as the Acting Register.

And while passage of the CASE Act would make for a nice cap off to Temple's tenure, the bill is still being blocked by Sen. Ron Wyden (D-OR), who previously opposed the MMA. As lawmakers and the music community alike deepen their understanding of the CASE Act's many benefits. Now is the time to contact Sen. Wyden to tell 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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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.