The Copyright Alternative in Small-Claims Enforcement Act of 2019 (CASE Act) is intended to create a small claims court for copyright proceedings at the Copyright Office in the Library of Congress where those who think their copyright is being infringed can bring actions against infringers. However, the CASE Act will actually create a likely unconstitutional process leading to litigation abuse…

As the U.S. House Judiciary Committee prepares to take up the Copyright Alternative in Small Claims Enforcement (CASE) Act this week, members of the Re:Create Coalition and other groups continue to raise their concerns with the flawed bill that tramples on Americans’ due process rights and the constitutional role of our courts. See below for more on why the bill…

**IN CASE YOU MISSED IT** In an op-ed for Morning Consult, Re:Create Coalition Executive Director Joshua Lamel examines the flawed details of the Copyright Alternative in Small Claims Enforcement (CASE) Act and how it “ignores the realities of copyright infringement and copyright law.”  Below are excerpts and a full copy of the op-ed can be found here.  “Sometimes a bill…

Data demonstrates that efforts to fight infringement are working under the U.S. notice-and-takedown system and safe harbors Online Copyright Infringement One-Pager

ReCreate Opposes CASE Act. Following the Senate Judiciary Committee’s markup of the CASE Act, the Re:Create Coalition issued a statement opposing the proposed creation of a small claims court: “It is not small claims when it could bankrupt over half of American families for sharing a photograph online if they were subject to the CASE Act. It is not constitutional…

**Special Edition: The Case Against The CASE Act** CASE Act Would Only Create New Problems For Americans. As the Copyright Alternative in Small-Claims Enforcement Act of 2019 moves its way through the legislative process with a Senate Judiciary Committee markup scheduled for tomorrow, July 11, a Case Against the Case Act blog post by Re:Create lists the most serious concerns…

The CASE Act Is Constitutionally Suspect and Has Serious Due Process Issues By Joshua Lamel and Sasha Moss In our second blog post about the CASE Act, we take on the judicial and extrajudicial concerns of the legislation. By establishing a judicial function within the legislative branch, not the judicial, the proposed legislation raises serious constitutional issues with having a court…