Congress passes 'Copyright Small Claims Act'
Dec 22, 2020 12:44:58 #
Los-Angeles-Shooter
Loc: Los Angeles
NEWS RELEASE:
http://copyrightalliance.org/news-events/press-releases/december-22-2020/?_zs=P6SBb&_zl=7CNN2
ACTUAL TEXT OF THE ACT:
http://www.congress.gov/116/bills/hr2426/BILLS-116hr2426pcs.pdf
MORE INFO ON THE BILL:
https://www.congress.gov/bill/116th-congress/house-bill/2426/text
The law creates a simple to use court for creators including photographers to enforce their rights without the cost of an attorney, and without the difficulty and expense of the formal federal court procedures.
http://copyrightalliance.org/news-events/press-releases/december-22-2020/?_zs=P6SBb&_zl=7CNN2
ACTUAL TEXT OF THE ACT:
http://www.congress.gov/116/bills/hr2426/BILLS-116hr2426pcs.pdf
MORE INFO ON THE BILL:
https://www.congress.gov/bill/116th-congress/house-bill/2426/text
The law creates a simple to use court for creators including photographers to enforce their rights without the cost of an attorney, and without the difficulty and expense of the formal federal court procedures.
Dec 22, 2020 12:52:47 #
It would be nice to see what it says in colloquial English.
Dec 22, 2020 12:59:38 #
Longshadow wrote:
It would be nice to see what it says in colloquial English.
Back to square one. Hire a layer to interpret the legalese. . . .
Dec 22, 2020 13:06:15 #
FotoHog wrote:
Back to square one. Hire a layer to interpret the legalese. . . .
Dec 22, 2020 13:07:23 #
Bigmike1
Loc: I am from Gaffney, S.C. but live in Utah.
It won’t affect me since I am not a professional.
Dec 22, 2020 13:09:33 #
Los-Angeles-Shooter
Loc: Los Angeles
News Release from the Copyright office:
Congress Passes CASE Act of 2020 and Law Regarding Unauthorized Streaming Services
NewsNet 866
December 22, 2020
Late last night, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act) and a law on penalties for certain digital transmission services that make unauthorized uses of copyright-protected works for profit, both as part of the Consolidated Appropriations Act, 2021. These provisions now await presidential signature before they are enacted.
The CASE Act establishes a voluntary, streamlined adjudication process in the Copyright Office to consider copyright infringement matters for claims that do not exceed $30,000. It is the result of years of congressional attention and includes many of the recommendations set out in the Office’s Copyright Small Claims report, including coverage of all types of copyright-protected works and the ability for accused infringers to seek clarity regarding exceptions and limitations.
The law requires the Office to establish the Copyright Claims Board within one year of enactment, unless the Register of Copyrights, for good cause, extends the time period for no more than 180 additional days. The Office will soon begin implementing the law and will provide updates via its NewsNet service as appropriate.
Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office, said, “The Copyright Office has long supported a solution for the challenges posed for asserting small copyright claims, and is pleased that Congress has passed the CASE Act. We are looking forward to implementing the Act and providing access to dispute resolution for the parties involved in such claims.”
Additionally, Congress passed a law that provides the Department of Justice with the authority to bring felony charges against digital transmission services offered to the public for financial gain that are designed, provided, or marketed for the purpose of streaming copyrighted works without authorization, and have no other commercially significant purpose or use. The legislation was the result of a negotiated process among a number of consumer and industry groups, and was drafted to exclude criminal prosecution of individual users.
Congress Passes CASE Act of 2020 and Law Regarding Unauthorized Streaming Services
NewsNet 866
December 22, 2020
Late last night, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act) and a law on penalties for certain digital transmission services that make unauthorized uses of copyright-protected works for profit, both as part of the Consolidated Appropriations Act, 2021. These provisions now await presidential signature before they are enacted.
The CASE Act establishes a voluntary, streamlined adjudication process in the Copyright Office to consider copyright infringement matters for claims that do not exceed $30,000. It is the result of years of congressional attention and includes many of the recommendations set out in the Office’s Copyright Small Claims report, including coverage of all types of copyright-protected works and the ability for accused infringers to seek clarity regarding exceptions and limitations.
The law requires the Office to establish the Copyright Claims Board within one year of enactment, unless the Register of Copyrights, for good cause, extends the time period for no more than 180 additional days. The Office will soon begin implementing the law and will provide updates via its NewsNet service as appropriate.
Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office, said, “The Copyright Office has long supported a solution for the challenges posed for asserting small copyright claims, and is pleased that Congress has passed the CASE Act. We are looking forward to implementing the Act and providing access to dispute resolution for the parties involved in such claims.”
Additionally, Congress passed a law that provides the Department of Justice with the authority to bring felony charges against digital transmission services offered to the public for financial gain that are designed, provided, or marketed for the purpose of streaming copyrighted works without authorization, and have no other commercially significant purpose or use. The legislation was the result of a negotiated process among a number of consumer and industry groups, and was drafted to exclude criminal prosecution of individual users.
Dec 22, 2020 13:24:36 #
Right, with all the important legislation pending I'm glad they got around to passing something important to the general population 
Dec 22, 2020 13:26:14 #
Dec 22, 2020 14:04:38 #
Don't knock it! We've had it up here in Canada for years and IT WORKS! Don't worry about the language, that's for the lawyers to worry about. The good news is that in most jurisdictions you don't need a lawyer, and the accompanying legal fees, to bring a case to a small claims court. The judge sees to it that both sides are heard fairly and if you are in the right and have all your ducks in order, the court will find you if your copyright has been infringed upon.
If you work by contract or are paid for your work, make cerin the stipulation about copyright ownership is clearly stated in the contract. If you show your work online make sure it is watermarked or, at least, a notice of copyright is attached. Either sigh, watermark or, at least, place a notice of copyright on the back of the prints or the frame or permanent mount.
According to these new laws, you automatically retain the copyright unless otherwise agreed upon but it is still a good idea to mark your work so if you ever have to go to court, there's no ambiguity.
The new laws make it easier and less costly to enforce your rights and help keep the court calendars fewer connects for cases that involve high amounts of money. Fols who habitually like to use images without authorization are less likely to keep it up when they realize it is easier for photographers to protect their rights.
If you do photography for a living, deal with ad agencies, publishers, or directly with advertisers, it pays to research the new laws carefully and consult with your lawyer if there are any aspects of the legislation that you do not understand and if it cover the amounts of money you charge for you work. Tat ono-time legal fee may save you lots of money and aggravation going forward.
All you need to do: (C)your name and the date!
If you work by contract or are paid for your work, make cerin the stipulation about copyright ownership is clearly stated in the contract. If you show your work online make sure it is watermarked or, at least, a notice of copyright is attached. Either sigh, watermark or, at least, place a notice of copyright on the back of the prints or the frame or permanent mount.
According to these new laws, you automatically retain the copyright unless otherwise agreed upon but it is still a good idea to mark your work so if you ever have to go to court, there's no ambiguity.
The new laws make it easier and less costly to enforce your rights and help keep the court calendars fewer connects for cases that involve high amounts of money. Fols who habitually like to use images without authorization are less likely to keep it up when they realize it is easier for photographers to protect their rights.
If you do photography for a living, deal with ad agencies, publishers, or directly with advertisers, it pays to research the new laws carefully and consult with your lawyer if there are any aspects of the legislation that you do not understand and if it cover the amounts of money you charge for you work. Tat ono-time legal fee may save you lots of money and aggravation going forward.
All you need to do: (C)your name and the date!
Dec 23, 2020 06:06:12 #
E.L.. Shapiro wrote:
Don't knock it! We've had it up here in Canada for... (show quote)
Very informative. Thank you.
Dec 23, 2020 07:09:38 #
tcthome
Loc: NJ
Los-Angeles-Shooter wrote:
News Release from the Copyright office: br br Con... (show quote)
Seems like English I can read I can understand. Thank you.
Dec 23, 2020 08:44:06 #
This has been a long time coming and a welcome innovation! Now the issue is to find out when your image has been used!
Dec 23, 2020 08:51:44 #
Thanks to Los-Angeles-Shooter and E.L. Shapiro for taking the time to inform the group about this. It's good general information even if we're not professionals.
Dec 23, 2020 09:04:34 #
This really is great news! PPA has been working this for a number of years.
Hugh
Hugh
Dec 23, 2020 09:11:49 #
Bigmike1 wrote:
It won’t affect me since I am not a professional.
So you don't mind if someone steals one of your photos and makes money on it?
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