Copyright Small Claims Bill Advances to Senate Floor; PK, CDT Opposed
The Senate Judiciary Committee unanimously advanced to the floor legislation that would establish a voluntary small claims board within the Copyright Office (see 1907110060). Groups including Public Knowledge and Center for Democracy & Technology remain opposed. They said it would subject internet users, who unknowingly violate copyright, to unfair fines up to $30,000.
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The Copyright Alternative in Small-Claims Enforcement Act, from Sens. John Kennedy, R-La.; Dick Durbin, D-Ill.; Thom Tillis, R-N.C.; and Mazie Hirono, D-Hawaii, awaits House consideration (S.1273/HR-2426). Kennedy told us his office will continue working with the opposition to address concerns. He disagrees potential violators would face an undue burden. Defendants can opt out of the small claims process, he noted: “People are not giving up any of their rights of due process. You can only access the tribunal voluntarily.”
The bill deserved a committee hearing and proper vetting, PK and others wrote committee leaders, asking they reject the bill. Association of Research Libraries, the Electronic Frontier Foundation, Engine and R Street Institute also signed. The legislation would subject organizations and individuals to tens of thousands of dollars in damages for simply “posting a photo on their Instagram account, retweeting a meme, or using a photo to promote their nonprofit online,” they wrote. The “public will not understand these new legal procedures and will unintentionally incur default judgments for which they will be liable with no meaningful right to appeal.” It creates new opportunities for copyright attorneys and trolls, they said.
Allowing potential violators to opt out means “only the least legally savvy people will be defendants,” blogged CDT Open Internet Counsel Stan Adams. The bill “lacks meaningful opt-in consent for all parties, structural safeguards against abuse, and legal accountability through a right of appeal,” wrote PK Policy Counsel Meredith Rose.
The bill gained several co-sponsors before unanimous passage during committee markup Thursday, including Sens. John Cornyn, R-Texas; Ted Cruz, R-Texas; and Richard Blumenthal, D-Conn. “People have been talking about [the legislation] for 10 years, and it looks like it's going to happen,” said Chairman Lindsey Graham, R-S.C., calling it a “big deal.” Like Kennedy, Durbin noted the voluntary nature of the small claims process, which offers individual artists an option for protecting work when traditional means are too expensive. The plan is “a productive step forward for protecting intellectual property rights,” Cruz said.
“Federal court is often far too expensive and complex to navigate for most individual creators and small businesses that own copyrights,” leaving them without any practical recourse, wrote Copyright Alliance CEO Keith Kupferschmid. The would-be law could benefit photographers, illustrators, graphic artists, songwriters, authors, bloggers, YouTube creators and others, he said.