House to Vote on Copyright Office Small Claims Bill Tuesday, Amid Opposition

The House should reject legislation for a voluntary small claims board within the Copyright Office (see 1909110030) when it votes Tuesday, Public Knowledge said Monday. The Copyright Alternative in Small-Claims Enforcement (CASE) Act (HR-2426/S-1273) passed the House Judiciary Committee by voice vote in September and unanimously passed the Senate Judiciary Committee in July, despite opposition from PK and the Center for Democracy & Technology. “The ‘court’ created by CASE relies on a constitutionally suspect opt-out provision, in which a failure to respond waives the respondent’s constitutional right to a jury trial,” PK Policy Counsel Meredith Rose said. “Respondents with any modicum of sophistication -- including tech platforms, which the bill has been widely reported as targeting -- will simply opt out of the court’s jurisdiction.” The Re:Create Coalition also urged the House to reject the bill. Executive Director Joshua Lamel said it’s reckless that Congress held only one hearing on the legislation at the end of last session. The bill “will expose ordinary Americans to tens of thousands of dollars in damages for things most of us do every day,” he said.