Protecting your copyrights is very important when a copyright is essential to your North Carolina business. When someone else uses your copyrighted content without permission, you have a right under the law to seek damages. The traditional way to do this is through federal court because copyrights are a federal law issue. However, Congress is currently working towards an alternative option that could make it easier to resolve claims.
The Copyright Alternative in Small-Claims Enforcement Act, also known as the CASE Act, aims to create a more effective process by which online creators can get damages for copyright infringement. The CASE Act creates a small claims court where creators can go to file claims. The process is voluntary. Both sides must agree to use this court. If they do not, the case will go through federal court.
The CASE Act also creates damage caps to cases that go through the small claims court. These are $15,000 for each infringement or $30,000 total. The court would use Copyright Claims Officers who would help negotiate settlements and resolve issues.
There is opposition to this Act from those would worry about abuse of the system. They fear that people who do something as simple as share a meme online would find themselves in court for infringement. They also worry it will lead to First Amendment rights violations.
The House has already passed the CASE Act. It is currently in the Senate. If it passes, this will cause a major change to the way the government manages copyright infringement claims. In any case, copyright law is complex, so anyone with an issue may want to consider contacting an attorney.
Source: The Verge