The Senate Judiciary Committee voted on Thursday to move the Copyright Alternative in Small-Claims Enforcement (CASE) Act out of committee, bringing the legislation aimed at streamlining copyright disputes one step closer to becoming law.
Participation in the system is voluntary on both sides, as the Sixth Amendment guarantees the right to a trial by jury. But since the cost of federal litigation is so high, potential defendants have at least some incentive to opt in. The average cost of litigating a copyright case, from pre-trial proceedings through an appeals process, reached $278,000 as of 2017, according to a report by the American Intellectual Property Law Association .
DC-based anti-piracy group the Copyright Alliance cited the cost-prohibitive nature of the current federal system as why they support the CASE Act. "Under the law, when a creator’s work is infringed, the only option they have is to take their copyright infringement case to federal court. But federal court is often far too expensive and complex to navigate for most individual creators and small businesses that own copyrights," said Copyright Alliance CEO. "What this means is that America’s creators have rights under the law but no practical way to enforce those rights when someone steals from them.
“Moreover, we are deeply disturbed by the lack of process surrounding the consideration of this bill. The Senate Judiciary Committee passed the bill today without any hearings on its content, and without any opportunities for all stakeholders to voice their concerns. For any bill -- let alone one that could drive the average American household into bankruptcy -- this lack of transparency is inexcusable.
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