House Judiciary Clears Copyright Office Small Claims Bill, Matching Senate

The House Judiciary Committee cleared legislation that would establish a voluntary small claims board within the Copyright Office (see 1909100069), despite warnings from Rep. Zoe Lofgren, D-Calif. The measure passed by voice vote Tuesday. The Senate Judiciary Committee in July unanimously advanced the Copyright Alternative in Small-Claims Enforcement (Case) Act (HR-2426/S-1273) to the floor, despite opposition from Public Knowledge and the Center for Democracy & Technology. Chairman Jerry Nadler, D-N.Y., successfully offered an amendment with technical revisions, including provisions that freeze caps on fees and monetary damages for three years. Lofgren supports the goal -- to allow creators filing copyright claims an alternative to federal court -- but cited free-speech concerns from the American Civil Liberties Union, Computer and Communications Industry Association, Internet Association and Mozilla. She ultimately supported this legislation, but said if speech issues on notice and takedown aren’t addressed, the plan won’t pass the Senate. It’s sad if one senator holds up bill, which has been out for a long time, said ranking member Doug Collins, R-Ga., who sponsored the bill with Rep. Hakeem Jeffries, D-N.Y. Groups like the ACLU should have participated in the public process, he added. Copyright infringement isn’t a victimless crime, and the bill will aid content creators like musicians and photographers who can’t justify costs of taking claims to federal court, said Jeffries. The Copyright Alliance applauded Tuesday's passage, saying it will help hundreds of thousands of content creators. PK said the legislation “falls short.” A small claims court “needs to be accountable, appealable, and limited to reasonable damage levels,” said Policy Counsel Meredith Rose Wednesday. “The system envisioned by CASE is none of those. It lacks meaningful appealability, and offers damage caps that are higher than the median income for over a quarter of all Americans.”