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Making a Case for the CASE Act

By David Jenkins

On December 21, 2020, the U.S. Congress passed a COVID-19 relief bill unlocking stimulus checks, enhanced unemployment benefits, and education funding. It was almost too easy to miss a rather important addendum to that 2,124-page bill: the passage of the Copyright Alternative in Small-Claims Enforcement Act, abbreviated to the CASE Act, a legislative initiative under discussion since 2006.[1]

The passage of the CASE Act has the potential of being an impactful moment in the fields of art and copyright law; perhaps evidenced by a number of professional arts organizations and outlets quickly putting out statements heralding the news.[2] As a piece of legislation ostensibly aims at providing artists, particularly those most exposed to smaller copyright disputes such as photographers, and other copyright holders with limited means to pursue expensive litigation a powerful tool with which to protect their rights and combat infringement,[3] it is prudent to ask what exactly the CASE Act does, how it came to be, and what effects it may have on the future of copyright disputes?

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Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.