U.S. Copyright Office to Investigate Potential Small-Claims Remedies for Copyright Actions
November 8, 2011 By McDole & Williams, P.C.
The Copyright Act protects a wide variety of works of authorship. Unfortunately, not all copyright owners have the same resources to initiate a lawsuit that requires substantial time and money
One of the great things about the Copyright Act is that it protects a wide variety of works of authorship. Whether these works are individual articles, blog posts (like this one), or photographs that may not have a high commercial value or musical works and motion pictures worth millions of dollars, the copyright owners of all of these works can use the law to pursue unauthorized infringers. Unfortunately, not all copyright owners have the same resources to initiate a lawsuit that requires substantial time and money. Moreover, while a copyright owner may want to stop an infringement that caused a relatively small amount of economic damage, that owner may be dissuaded from filing suit because a potentially small award may not justify the potentially large expense of litigation. The Copyright Act offers the possibility of statutory damages and attorney fees, but these benefits are not available in all cases and parties cannot recover them until the conclusion of the litigation. Additionally, awards of statutory damages may be as low as $750, and may not always make the copyright owner whole.
On October 11, 2011, Congress formally asked the Copyright Office to investigate the obstacles facing small copyright claims disputes, as well as possible alternatives. Specifically, the Office will be assessing the extent to which copyright owners are effectively prevented from seeking relief from infringements due to constraints in the current system; and furnishing specific recommendations for changes that will improve the adjudication of small copyright claims. On October 27, 2011, the Copyright Office published a notice of inquiry seeking comments on how copyright owners have handled smaller copyright claims and the obstacles they have encountered. The Office is also seeking ideas for feasible alternatives to the current legal system that could better accommodate such claims.
There is likely a large number of copyright holders frustrated by copyright infringement who had to abandon their claims because pursuing them in federal court was simply too expensive. Perhaps these copyright holders will vent their frustrations on the Copyright Office now that the Office is listening? The deadline to submit a comment is January 16, 2012.
ABOUT THE AUTHOR: Kristen E. Knauf
Kristen Knauf is a trial attorney who handles all types of complex litigation matters, with a special emphasis on commercial litigation, intellectual property, and unfair competition. She has published articles on the Lanham Act and on unconscionable clauses in sports venue leases. McDole, Kennedy & Williams has extensive experience in handling copyright litigation, and flexible billing arrangements to work with copyright owners of all works of authorship, great and small.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
On October 11, 2011, Congress formally asked the Copyright Office to investigate the obstacles facing small copyright claims disputes, as well as possible alternatives. Specifically, the Office will be assessing the extent to which copyright owners are effectively prevented from seeking relief from infringements due to constraints in the current system; and furnishing specific recommendations for changes that will improve the adjudication of small copyright claims. On October 27, 2011, the Copyright Office published a notice of inquiry seeking comments on how copyright owners have handled smaller copyright claims and the obstacles they have encountered. The Office is also seeking ideas for feasible alternatives to the current legal system that could better accommodate such claims.
There is likely a large number of copyright holders frustrated by copyright infringement who had to abandon their claims because pursuing them in federal court was simply too expensive. Perhaps these copyright holders will vent their frustrations on the Copyright Office now that the Office is listening? The deadline to submit a comment is January 16, 2012.
ABOUT THE AUTHOR: Kristen E. Knauf
Kristen Knauf is a trial attorney who handles all types of complex litigation matters, with a special emphasis on commercial litigation, intellectual property, and unfair competition. She has published articles on the Lanham Act and on unconscionable clauses in sports venue leases. McDole, Kennedy & Williams has extensive experience in handling copyright litigation, and flexible billing arrangements to work with copyright owners of all works of authorship, great and small.
Copyright McDole & Williams, P.C.
More information about McDole & Williams, P.C.
View all articles published by McDole & Williams, P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
