The owner of written materials has the right to defend their property in a federal court if they have the copyright to those contents. Pursuing a claim of infringement in a federal court in the United States was the standard practice for many years. While this can still be done, it’s important to remember that pursuing such instances can be time-consuming and expensive.
The advent of the Copyright Small Claims Court is greatly appreciated, as it provides an alternate forum for such cases. This gives those with copyrights another option for seeking redress when their work has been pirated. However, federal law restricts the circumstances under which you can exercise this choice and the remedies you might seek. A knowledgeable copyright lawyer would be your best resource for understanding the Copyright Small Claims Court. Check out this website to know more!
The Constitutional Foundation of the Copyright Mini-Trial System
Only the owners can make copies or put up exhibitions for the general public when something is protected by copyright. If they feel threatened, owners of copyrights can always take their case to federal court for protection.
The U.S. Congress understood, however, that this was out of reach for many people, particularly individuals and smaller businesses. The Copyright Alternative in Small Claims Enforcement Act of 2020 was so enacted by Congress (CASE Act). Section 1502 of Title 17 of the United States Code, created the Copyright Claims Board. If you want to know more about whether or not this is a viable option for you, you may talk to a lawyer from the Lomnitzer Law Firm.
When a case for copyright infringement falls within the scope of the Small Claims Court.
For copyright cases, the threshold for adjudication in Small Claims Court is the amount of damages sought by the copyright holder. Claims that don’t exceed $30,000 are under the federal court’s purview.
This cap on damages is in addition to the courts’ ability to award injunctions against the infringing party. If you need to defend your intellectual property quickly and your damages don’t quite warrant a full federal lawsuit, you may want to consider filing a claim in Copyright Small Claims Court.
Small Claims Court Procedures Regarding Copyright Disputes
The services of the Small Claims Copyright Court can be quite helpful, but it is essential to remember that your participation in these proceedings is entirely optional. That’s why those who have been accused of wrongdoing have the option of taking the case to a U.S. federal court the old-fashioned way.
