US House of Representatives passes 410-6 the CASE Act

By Emmanuel Legrand

The US House of Representatives has voted 410-6 in favour of the Copyright Alternative in Small-Claims Enforcement (CASE) Act (H.R. 2426), which will introduce a small claims tribunal within the Copyright Office to deal with copyright infringement cases. The bill is now heading to the Senate, where it had already been cleared by the Judiciary Committee.

  The bi-partisan legislation was supported by many organisations representing creators such as photographers, musicians or graphic artists, and was opposed by several free internet advocacy groups such as Public Knowledge, the American Civil Liberties Union (ACLU) or the Electronic Frontier Foundation, which called the bill "disastrous."

  H.R. 2426 establishes an "alternative dispute resolution program for copyright small claims," and was sponsored by Representatives Hakeem Jeffries (D-NY) and Doug Collins (R-GA). The court will consist in three judges appointed by the Librarian of Congress who will rule on cases brought forward by creators whose works have been infringed.

  The process, which will be voluntary for defendants, will allow creators to seek damages for infringement without having to go through the process of federal court. Damages will be capped at $15,000 per claim and $30,000 total.

Serious harm to free speech

  Prior to the vote, ACLU sent a letter to policy-makers stating: “Any system to enable easier enforcement of copyrights runs the risk of creating a chilling effect with respect to speech online. Many of these cases will be legitimate. However, some will not, and others, even if brought in good faith, may be defensible as fair use or for some other permissible reason.”

  The EFF complained after the vote that the bill was adopted by the House without any debates. "That means that there has been no public consideration of the serious harm the bill could do to regular Internet users and their expression online," wrote Katharine Trendacosta, manager of policy and activism at EFF, who urged the Senate not to pass the bill.

  Supporters of the bill welcomed the vote by the House. “Today’s vote by the House further attests to the tremendous support that’s been demonstrated for the CASE Act, legislation that will provide US creators with a viable means for defending their copyrighted works through the creation of a small claims tribunal within the US Copyright Office," explained Keith Kupferschmid, CEO of Washington, DC-based Copyright Alliance. 

  He added: “Today’s vote by the House demonstrates not only the tremendous support for the bill but also the fact that members of Congress could not be bamboozled into believing the numerous falsehoods about the CASE Act that were proffered by those who philosophically oppose any copyright legislation that will help the creative community and who will use any means to achieve their illicit goals."

A victory for creators

  Daryl Friedman, chief industry, government, & member relations officer for the Recording Academy, called passing the CASE Act "another victory for music creators almost exactly a year after the Music Modernisation Act was signed into law.” He added: "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." 

  The Association of Independent Music Publishers (AIMP) also praised the House for passing the bill, which the organisation claims will give "rights-holders the tools they need to stand up for their rights. We encourage the Senate to pass this legislation as soon as possible.”

  Added Teri Nelson-Carpenter, AIMP National Chair and Los Angeles Chapter President, Alisa Coleman, AIMP New York Chapter President and John Ozier, AIMP Nashville Chapter President: "For too long, independent publishers and songwriters have languished under outdated laws that allowed their works to be exploited without proper compensation." They now "encourage the Senate to pass this legislation as soon as possible.”