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ARTICLE · 22 APRIL 2022

This Form Can Protect Libraries And Library Employees From Copyright Claims

Phelps Dunbar LLP
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The CASE Act created a new copyright small claims court to make it easier and less expensive to file copyright infringement claims.

United StatesIntellectual Property
Mary Ellen Roy
Mary Ellen Roy
Andrew W. Coffman
Andrew W. Coffman

The CASE Act created a new copyright small claims court to make it easier and less expensive to file copyright infringement claims. To protect libraries and archives, the Copyright office created a form for them to  opt out of cases brought before the Copyright Claims Board. This form will protect not only libraries and archives, but also their employees acting in the course and scope of their employment. With so many libraries and archives potentially being subject to claims, the decision to opt out will be easy for most entities.

What Libraries and Archives Can Opt Out?

The Copyright Act provides special protection to libraries and archives under two circumstances:

  • When the collections are open to the public

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