**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 with the best of intentions can have the worst of results. Unfortunately, the Copyright Alternative in Small Claims Enforcement Act, which recently passed the Senate Judiciary Committee, is exactly this type of legislation.

“The bill’s proponents argue that the bill will allow small independent artists to go after bad actor infringers. But that is not what will happen, as it ignores the realities of copyright infringement and copyright law. Most infringement is located overseas, which will be outside the purview of the bill. A recent Chamber of Commerce study on video marketplace infringement found over 99% of it occurs by non-U.S. actors. The CASE act will do nothing to stop that.

“Ultimately, this is where the CASE Act’s two biggest flaws lie. Damages under the bill are a minimum of $750 and a maximum of $30,000 — far from small claims. That is a whole lot of money for the average American to risk when they get a CASE Act claim and miss the 60 day opt-out. Especially when they would need an attorney and the associated costs to understand their rights, and even then, they could still lose if the tribunal applies copyright law incorrectly. Many will likely just choose to settle, setting them back financially and furthering a system where they can be taken advantage of.”