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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
a blue and orange check mark with the letter w on it as the Wilson Whitaker Rynell Logo

CASE Act and Copyright Law

John Wilson • March 21, 2022

Copyright Alternative in Small-Claims Enforcement Act (“CASE Act”)

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Congress passed the Copyright Alternative in Small-Claims Enforcement Act (“CASE Act”), which directed the U.S. Copyright Office to establish the Copyrights Claims Board (CCB), a voluntary, alternative tribunal to the district court for copyright owners to resolve disputes valued under $30,000. The CCB board established by the CASE Act provides a voluntary, alternative forum to federal court for parties to seek resolution of copyright disputes that have a low economic value. The CCB is the equivalent of a small claims court for copyright claims.

 

The CCB does not displace or limit the ability to bring small copyright claims in federal court; however, it creates a new accessible venue for smaller copyright claimants who want to avoid the cost of traditional copyright infringement litigation. The CCB can adjudicate copyright infringement claims, declarations of non-infringement, and misrepresentation claims under section 512(f) of the Copyright Act. Participation in the CCB is completely voluntary for all parties.

Impact of the Copyrights Claims Board (CCB) on Copyrights

The impact of CCB rulings while binding on the voluntary parties’ does not create precedential ruling in the traditional litigation sense. The CASE Act required the U.S. Copyright office to form and commence operations under the CCB on or before December 27, 2021.CCB will take a more liberal approach to copyright infringement by allowing litigation to occur simply after a party files a completed application, a deposit, and the required fee for registration with the U.S. Copyright Office. Final registration is not necessary to commence CCB litigation.  As Congress explained, “[t]his process is intended to strike a balance between still encouraging timely registration of works with the promise of a higher damage’s caps [in federal court] with the reality that smaller creators may have numerous understandable reasons for not routinely engaging in the registration process.” H.R. Rep. No. 116-252, at 26. The CCB cannot hear a claim or counterclaim related to a copyrighted work for which the registration has been rejected.


Impact of the Copyrights Claims Board (CCB) on Copyrights

The CCB created by the CASE Act can hear one of three types of claims by copyright owners, as well as all defenses (like fair use) and counterclaims allowed in federal court:


  • Infringement of filed (but not yet registered) copyrighted works;
  • A declaration of non-infringement stating certain activity does not infringe a copyright owner’s exclusive rights;
  • Recipients of a DMCA takedown notice (or counter-notice) can challenge a notice that contains some form of misrepresentation relating to the alleged infringing activity; and
  • All Legal or equitable defenses under copyright law or that are otherwise available.


Is the CCB mandatory? 

The CCB is not mandatory and totally voluntary by each party. It is strictly for small claims involving copyright infringement when no party is seeking more than $30,000 in total relief. This includes claims of infringement, claims for declaration of noninfringement (when a party accused of infringement wants a legal statement that they are not liable for infringement), and claims regarding misrepresentations when filing a notice to take down material under the Digital Millennium Copyright Act. Importantly, the CCB has the ability to dismiss my claim or counterclaim before making a final determination for one or more of the following reasons:


  • A claimant does not provide appropriate notice to the opposing party;
  • A claimant unjustifiably misses one or more deadlines;
  • An opposing party opts out of participation;
  • An inability to join all necessary parties;
  • Inability to secure essential witnesses, evidence, or expert testimony; and
  • The Copyright Office refuses to register the work at issue in the case (i.e. a determination was made that the material is not copyrightable). 


What type of relief will be available through the CCB?

The CCB will be able to award up to $30,000 in total damages in any one proceeding, regardless of the number of works at issue. The CCB will be able to award either actual or statutory damages, based on what the party seeking damages requests.


For actual damages, the amount will depend on the evidence provided during the proceeding and can be up to $30,000 for a single work (though there is still a $30,000 cap overall). For statutory damages, the CCB will be able to award up to $15,000 per work. A statutory cap on damages of $7,500 per work will be placed on any work not registered within the timeframes established in section 412 of the Copyright Act.

Can the CCB issue an Injunction? 

The CCB will be able to issue an order for one party to stop engaging in certain activities when both parties consent.

Estimated Cost to File a Claim with the CCB

The Copyright Office has not yet determined the exact filing fees for the CCB. The CASE Act does require that any fee set be at least $100, but no more than the cost of filing a claim in federal district court (around $600 or so).

 

The CCB will be able to require bad faith parties to pay the other party’s reasonable costs and attorneys’ fees. Generally, the cap on costs and attorneys’ fees will be $5,000, but the limit will be lowered to $2,500 if the other party is not represented by an attorney. Additionally, the CCB will be able to award a higher amount in costs and attorneys’ fees in extraordinary circumstances.

Appeals from a Decision Rendered by the CCB

Importantly, you will be able to ask the Copyright Office or a federal court to review a CCB decision. Although we suggest you seek legal advice for an appellate issue, below are some of the possible reasons an appeal may be granted:


  • The decision includes a technical mistake or a clear legal or factual error that is material to the decision;
  • If after a request for reconsideration directed to the CCB if denied, the Register of Copyrights may review the decision to see if the CCB abused its discretion when denying the request for reconsideration;
  • File a request to vacate, modify, or correct a CCB determination with a federal district court if (1) the determination was issued as a result of fraud, corruption, misrepresentation, or other misconduct, (2) the CCB exceeded its authority or failed to issue a final determination, or (3) in the case of a default or failure to prosecute, excusable neglect was the cause of the default or failure to prosecute


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Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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Understanding Writs of Execution in Texas: A Layperson’s Guide If a court determines that someone owes money to another party, the debtor—referred to as the "judgment debtor"—typically has 30 days to pay off the debt. If the debt remains unpaid after this time, the creditor, or "judgment creditor," can take legal action to enforce the payment through a Writ of Execution . This legal process, governed by Texas law, enables creditors to collect what they are owed by seizing and selling the debtor’s non-exempt assets. What Is a Writ of Execution? Under Texas Rules of Civil Procedure 629 , a Writ of Execution is a court order that authorizes a sheriff or constable to seize the debtor’s property to satisfy the debt. This writ is an essential tool for creditors when voluntary repayment has not occurred. Once the writ is issued, it is handed over to a county constable or sheriff, who is required to act “without delay” in collecting the debtor’s real and personal property. The seized property is then sold, and the proceeds are used to pay off the debt. If multiple writs are filed against the same debtor, the assets are distributed in the order the writs were received. What Property Can Be Seized Under a Writ of Execution? Texas law is very specific about which types of property can and cannot be seized to satisfy a judgment. Exempt Property Certain assets are protected from seizure under Texas Property Code § 41.001. These include: The debtor’s homestead (primary residence) Wages earned from employment Professionally prescribed health aids Workers’ compensation benefits College savings plans Some insurance benefits Personal property valued up to $50,000 for individuals and $100,000 for families Unique to Texas, the law also protects items like family Bibles, two firearms, pets, and for rural residents, livestock (e.g., 12 head of cattle and 120 fowl). This extensive list reflects Texas's cultural heritage and values. Non-Exempt Property Assets that are generally not exempt include: Vacation homes Timeshares Pleasure boats Airplanes Jewelry exceeding certain value thresholds The specific procedures for seizing different types of property are detailed in Texas Rules of Civil Procedure 639 . Can a Writ of Execution Be Avoided? Judgment debtors have a few options to avoid the execution of a writ: Filing a Supersedeas Bond A supersedeas bond can temporarily halt enforcement of the writ. This bond, filed with the county clerk or justice of the peace, preserves the status quo while the debtor seeks further legal remedies. This option is governed by Texas Rules of Civil Procedure 634 . Challenging the Execution Debtors can file a claim for wrongful execution in situations such as: The debt has already been paid Exempt property is being seized The levy is excessive Additionally, courts take extra care to protect property classified as a homestead under Texas Property Code § 41.002(c) . When only one spouse is responsible for the debt, Texas Family Code § 3.202(a) and related provisions provide guidance on levying against community or separate property. The Role of County Officials in Executing the Writ Once the writ is issued, its enforcement falls on county officials, typically a sheriff or constable. These officials must act in accordance with Civ. Prac. & Rem. Code § 34.072 , which requires them to execute the writ and report back to the court. They must: Give proper notice of the sale of seized property Ensure the proceeds are appropriately delivered to the creditor Avoid overstepping legal boundaries, such as seizing exempt property Failing to execute the writ properly can result in serious consequences, where a sheriff’s refusal to levy on a property initially listed as exempt (but later deemed abandoned) led to court action and damages awarded to the creditor. Preventing Fraudulent Transfers One challenge creditors face is when debtors attempt to hide or transfer assets to avoid collection. To address this, Texas follows the Uniform Fraudulent Transfer Act under Tex. Bus. & Comm. Code § 24.001 et seq .. This act provides legal remedies to creditors when a debtor’s transfer of assets is deemed fraudulent. Effect of a Defendant's Death on Writs of Execution Under Civ. Prac. & Rem. Code § 34.072 , the death of a defendant after a writ of execution is issued halts execution proceedings. However, any lien acquired from the writ's levy is still enforceable by the county court when paying off the deceased's debts. Why Proper Execution Of The Writ Is Crucial The rules for filing and serving a Writ of Execution are strict and detailed. Missteps, such as filing the writ in the wrong county, failing to serve the proper parties, or missing key deadlines, can lead to delays or even render the writ ineffective. Both creditors and debtors must ensure compliance with these rules to avoid unnecessary complications. For creditors, failure to properly enforce the writ could mean losing the opportunity to collect on a judgment. For debtors, not responding appropriately to a writ could result in the loss of valuable assets, even those that might have been exempt.
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The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

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