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ARTICLE · 29 OCTOBER 2019

Copyright Small Claims Court Approaching Reality

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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On Tuesday evening (Oct. 22), the House voted 410-6 in favor of the bill.

United StatesIntellectual Property
Craig Whitney
Craig Whitney
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Following up our continuing coverage of the pending legislation to create a copyright small claims court, the bill has now been overwhelmingly approved by the House of Representatives, and moves on to the Senate. Known as the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the CASE Act), the bill seeks to establish a voluntary tribunal within the U.S. Copyright Office to adjudicate copyright infringement disputes involving claims of $30,000 or less in damages. On Tuesday evening (Oct. 22), the House voted 410-6 in favor of the bill.

The rationale underlying the legislation is the potentially prohibitive expense of litigating copyright cases in federal court (which has exclusive jurisdiction over copyright claims) if the damages at stake are relatively minor and the chances of recovering attorneys' fees -- even if successful -- are low. Thus, small copyright owners such as photographers may find the federal court system largely inaccessible.

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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