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?