The CASE Act features the following policy:
- The claim must be brought within 3 years of the infringement.
- There will be a small fee associated with filing a claim. This is to be determined.
- A tribunal that consists of two copyright attorneys and one copyright arbitrator will hear the claim.
- Before filing a claim, the copyright owner must provide the tribunal with a completed registration application filed with the Copyright Office or a certificate of registration.
- Bring a copyright infringement claim valued at up to $30,000:
- If the work was registered prior to infringement the max amount of statutory damages recoverable is $15,000.
- If the work was not registered prior to infringement the max amount of statutory damages recoverable is $7,500.
- The photographer will not need an attorney, since, similar to other small claims processes, this is a self-represent system, allowing you to bring a claim without a large financial investment.
- You can hire an attorney but you will pay for your own attorney fees.
- No need to travel for hearings or proceedings. Everything will be done online through video communication channels such as Skype.
- Partaking in the Copyright Small Claims process is voluntary.
- If the infringer decides to opt-out, you still have the option to bring a claim in Federal Court.
- The tribunal will not hand down a final decision until the Copyright Office has issued a final registration certificate.
- The decision will be held until the registration certificate has been issued.