CASE Act of 2019

Bill: 116-s-1273
Sponsor: Sen. Kennedy, John [R-LA]
Introduced: 2019-05-01 in the Senate
Policy area: Commerce
Subjects: Administrative remedies
Alternative dispute resolution, mediation, arbitration
Congressional agencies
Evidence and witnesses
Government employee pay, benefits, personnel management
Government information and archives
Government studies and investigations
Intellectual property
Judicial review and appeals
Library of Congress

Summary:
action_date: 2019-05-01
text: 

Copyright Alternative in Small-Claims Enforcement Act of 2019 or the CASE Act of 2019

 
This bill creates the Copyright Claims Board, a body within the U.S. Copyright Office, to decide copyright disputes. Damages awarded by the board are capped at $30,000. 
 
Participation in board proceedings is voluntary with an opt-out procedure for defendants, and parties may choose instead to have a dispute heard in court. If the parties agree to have their dispute heard by the board, they shall forego the right to be heard before a court and the right to a jury trial. Board proceedings shall have no effect on class actions.
 
The board shall be authorized to hear copyright infringement claims, actions for a declaration of noninfringement, claims that a party knowingly sent false takedown notices, and related counterclaims. 
 
The bill provides for various procedures, including with respect to requests for information from the other party and requests for the board to reconsider a decision.
 
The board may issue monetary awards based on actual or statutory damages.
 
The parties shall bear their own attorneys' fees and costs except where there is bad faith misconduct. 
 
A board's final determination precludes relitigating the claims in court or at the board. Parties may challenge a board decision in federal district court only if (1) the decision was a result of fraud, corruption, or other misconduct; (2) the board exceeded its authority or failed to render a final determination; or (3) in a default ruling or failure to prosecute, the default or failure was excusable. 

action_date: 2019-09-12
text: 

Copyright Alternative in Small-Claims Enforcement Act of 2019 or the CASE Act of 2019

 
This bill creates the Copyright Claims Board, a body within the U.S. Copyright Office, to decide copyright disputes. Damages awarded by the board are capped at $30,000. 
 
Participation in board proceedings is voluntary with an opt-out procedure for defendants, and parties may choose instead to have a dispute heard in court. If the parties agree to have their dispute heard by the board, they shall forego the right to be heard before a court and the right to a jury trial. Board proceedings shall have no effect on class actions.
 
The board shall be authorized to hear copyright infringement claims, actions for a declaration of noninfringement, claims that a party knowingly sent false takedown notices, and related counterclaims. 
 
The bill provides for various procedures, including with respect to requests for information from the other party and requests for the board to reconsider a decision.
 
The board may issue monetary awards based on actual or statutory damages.
 
The parties shall bear their own attorneys' fees and costs except where there is bad faith misconduct. 
 
A board's final determination precludes relitigating the claims in court or at the board. Parties may challenge a board decision in federal district court only if (1) the decision was a result of fraud, corruption, or other misconduct; (2) the board exceeded its authority or failed to render a final determination; or (3) in a default ruling or failure to prosecute, the default or failure was excusable. 


Legislative actions:
action_date: 2019-09-12
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 206.
action_date: 2019-09-12
text: Committee on the Judiciary. Reported by Senator Graham without amendment. With written report No. 116-105.
action_date: 2019-09-12
text: Committee on the Judiciary. Reported by Senator Graham without amendment. With written report No. 116-105.
action_date: 2019-07-18
text: Committee on the Judiciary. Ordered to be reported without amendment favorably.
action_date: 2019-05-01
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2019-05-01
text: Introduced in Senate