Copyright infringement
USA passes new laws regarding copyright infringement
2021 started with some good news for small, individual artists. United States passed into law the small claims procedure that will now apply to cases of copyright infringement. This is a welcome change, since small artists and boutique creative companies won’t have to compete in federal courts for every instance of IP theft.
US does lag behind other countries on this type of legislation. Being the number one in the world that contributes to copyright infringement instances, it might be surprising to some as to why it’s only happening now. So, let’s look in depth of what this legislation is, what is means and how it’s going to make lives of many artists just a little bit easier.
The CASE Act
The new legislation was dubbed the CASE Act – the Copyright Alternative in Small-Claims Enforcement Act. Its aim is to establish a system, where small claims courts could take over copyright infringement disputes. This will solve a long-standing problem, where all copyright claims needed to be handled through federal courts. It’s expensive, time-consuming and unattainable for most small businesses and individual artists.
In cases where claims do not pass the mark of several thousand dollars, it’s easy to give up on federal courts. They require expensive attorneys, who in their own right, prefer larger cases. The CASE Act opens more opportunities from small creators to represent themselves without getting mired in expensive legal fees and long procedures.
The CASE Act in practice
In essence, the CASE Act allows photographers and other small artists to take their cases of copyright infringement through the Copyright Claims Board. The Board itself is part of the US Copyright Office and comprised of a panel of experts in the field of copyright infringement. The panel, therefore, has enough expertise and now a legal basis to review every small claim. It will be able to award claims of up to $15,000 per work, or up to $30,000 per claim. It’s important to note that in order to file the claim, the artist or an organisation must be registered within the US Copyright Office.
There are other practical aspects of the CASE Act. Aside from monetary penalties, the board can also rule to send the accused party a cease notice, ordering them to stop using the stolen IP.
There are also ways that the accused can defend themselves. It they choose to dispute the claim, within 60 days of filing of the copyright infringement, the defendant can reject the process and opt to go through federal courts instead. Appeals of small claims will also go through the federal courts system.
While it doesn’t sound like much, for small creators in the US, the CASE Act is a big deal. They can finally enforce copyright claims over their work and do so without the threat of bankruptcy. It simplifies the copyright infringement claims procedure, so the individual artist can represent themselves. To clarify, on federal level, larger cases will continue to be heard.
Copyright claims elsewhere
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- The subject matter of the contract, Conclusion of contract
-Kleptofinder detects and secures potential copyright violations for the Customer, assists the Customer in enforcing any claims arising therefrom (in particular compensation for damages, the establishment of the violation, issuance of a declaration to cease and desist) by selecting and engaging lawyers in the name of the Customer and advances the charges incurred by the Customer due to the enforcement of the respective claims arising from these copyright violations, in the absence of any provisions to the contrary.
- By submitting its photos, the Customer makes a binding offer to Kleptofinder to conclude a contract regarding the detection of potential copyright violations.
Notwithstanding the rights of Kleptofinder to reject certain Customers as contractual partners without giving any reason, the offer, and therefore the contract conclusion, is accepted either by means of an express declaration by Kleptofinder or by the ascertainment of potential copyright violations.
-Using a report form provided by Kleptofinder, the Customer confirms that the use of the photo is deemed to be a copyright violation and makes a binding offer to conclude an assistance agreement regarding assistance in the enforcement of the claims arising from the violation.
Notwithstanding the rights of Kleptofinderto reject certain orders without providing reasons, the offer, and therefore the contract conclusion is accepted either by means of an express declaration by Kleptofinderor by mediation of a lawyer. A request for further information or documents to review the claim does not constitute a declaration of acceptance.