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.
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
Subcommittee on Courts, Intellectual Property, and the Internet Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 116-252.
Reported (Amended) by the Committee on Judiciary. H. Rept. 116-252.
Placed on the Union Calendar, Calendar No. 201.
Mr. Jeffries moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H8345-8353)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2426.
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At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H8370-8371)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 410 - 6 (Roll no. 578).(text: CR H8345-8352)
Roll Call #578 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 410 - 6 (Roll no. 578). (text: CR H8345-8352)
Roll Call #578 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 266.