Scholarly Concerns About a Proposed Small Copyright Claims Tribunal

Published on November 28, 2017

On October 4, 2017, Representatives Hakeem Jeffries (D-NY), Tom Marino (R-PA) and four co-sponsors introduced a bill, H.R. 3945, the Copyright Alternatives in Small-Claims Enforcement (CASE) Act of 2017, to establish a small copyright claims tribunal within the U.S. Copyright Office. The 2017 CASE Act comes on the heels of two very similar bills introduced in the House late last year; all three are modeled on draft legislation proposed by the Copyright Office in its 2013 Report on Copyright Small Claims.

Earlier this year, the Berkeley Center for Law & Technology (BCLT) and UC Hastings College of the Law convened a workshop to discuss the Copyright Office Report and legislation to implement it. A summary of the issues discussed and concerns expressed at the workshop are presented here:

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