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Author Topic: How does everyone feel about the Copyright Alternative in Small Claims Act?  (Read 418 times)

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« on: October 24, 2019, 13:00 »
+1
AKA the CASE Act.

The Copyright Alternative in Small-Claims Enforcement Act of 2019 (the CASE Act) is a proposed United States law that would provide a new means for copyright holders to seek payment for infringed works. It would establish a small-claims-court-like board of three judges within the U.S. Copyright Office to adjudicate copyright infringement cases. Damages would be limited to US$15,000 for each infringed work, and $30,000 total per claim. The measure was introduced into Congress in May 2019, and was passed by the House of Representatives on October 22, 2019.

https://en.wikipedia.org/wiki/CASE_Act

I feel like the damages are excessive, but it's going to be an effective tool to go after infringers in the U.S. Those Esty sellers better watch out.


« Reply #1 on: October 24, 2019, 14:40 »
0
How much would it cost you to register the copyright for all your images?
How would you know, barring watermarks, who has purchased a RF license and who has not? 
How many successful claims would it take to cover the cost in time and money registering copyright and hunting down infringers?

Answer those three questions and then you will know if it's an effective tool, but ask yourself who stands to gain most from this bureaucratic system of extortion? 

Somehow I don't think there will be long queues at the small claims court for while yet, maybe one man from Getty with a trolley full of files.


« Reply #2 on: October 24, 2019, 15:03 »
+3
Here is the problem about winning judgements. You really may win nothing. You can win a judgement in court, BUT getting the folks to pay you is another story. These copyright infringements are not criminal judgements they are just a letter from the judge that states someone owes you something. If they don't want to pay you and most likely they don't, you will never see a penny.  Best lawsuits are with corporate 18 wheelers that have big pockets , not copyright infringements.

« Reply #3 on: October 24, 2019, 15:40 »
0
Quote

These copyright infringements are not criminal judgements they are just a letter from the judge that states someone owes you something.

Semi offtopic, in Greece we have plenty of commisions on almost everything that end up stating the obvious or jusg the right thing referring to the law. I dunno for US but here they are assembled just for the commision members to be payed including the secretaires and all other personel involved or making some research.

Hope this is not the case on this CASE Act.

« Reply #4 on: October 24, 2019, 16:39 »
0
Here is the problem about winning judgements. You really may win nothing. You can win a judgement in court, BUT getting the folks to pay you is another story. These copyright infringements are not criminal judgements they are just a letter from the judge that states someone owes you something. If they don't want to pay you and most likely they don't, you will never see a penny.  Best lawsuits are with corporate 18 wheelers that have big pockets , not copyright infringements.


That was exactly my experience with small claims court. It was a waste of time and money. The judgment means nothing and the court doesnt help you collect the money. You are on your own. At least thats how it used to work.

Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #5 on: October 25, 2019, 12:03 »
0
Here is the problem about winning judgements. You really may win nothing. You can win a judgement in court, BUT getting the folks to pay you is another story. These copyright infringements are not criminal judgements they are just a letter from the judge that states someone owes you something. If they don't want to pay you and most likely they don't, you will never see a penny.  Best lawsuits are with corporate 18 wheelers that have big pockets , not copyright infringements.


That was exactly my experience with small claims court. It was a waste of time and money. The judgment means nothing and the court doesnt help you collect the money. You are on your own. At least thats how it used to work.

True, but at least a judgement is better than no recourse? Some may pay to get it off their record, not all are going to be irresponsible people.

Did it pass?

I have a judgement against a racing association. Had to wait until the principle was in this state, even though I did the work in FL and they are from a different state. The guy who heads the group is a lawyer. His attitude is, "good luck collecting".

It's civil not criminal, there we are. But some people will pay and the threat might stop others. There is some good news in that.


 

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