Legis Daily

CASE Act of 2019

USA116th CongressS-1273| Senate 
| Updated: 9/12/2019
John Kennedy

John Kennedy

Republican Senator

Louisiana

Cosponsors (21)
Joni Ernst (Republican)Jeanne Shaheen (Democratic)Mike Braun (Republican)Mazie K. Hirono (Democratic)Tammy Duckworth (Democratic)Tom Udall (Democratic)Dianne Feinstein (Democratic)Patrick J. Leahy (Democratic)Thomas Tillis (Republican)Cindy Hyde-Smith (Republican)Richard J. Durbin (Democratic)Christopher A. Coons (Democratic)Marsha Blackburn (Republican)Todd Young (Republican)Roger F. Wicker (Republican)Ted Cruz (Republican)Kevin Cramer (Republican)Martin Heinrich (Democratic)John Cornyn (Republican)Chuck Grassley (Republican)Richard Blumenthal (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Copyright Alternative in Small-Claims Enforcement Act of 2019 or the CASE Act of 2019 This bill creates the Copyright Claims Board, a body within the U.S. Copyright Office, to decide copyright disputes. Damages awarded by the board are capped at $30,000. Participation in board proceedings is voluntary with an opt-out procedure for defendants, and parties may choose instead to have a dispute heard in court. If the parties agree to have their dispute heard by the board, they shall forego the right to be heard before a court and the right to a jury trial. Board proceedings shall have no effect on class actions. The board shall be authorized to hear copyright infringement claims, actions for a declaration of noninfringement, claims that a party knowingly sent false takedown notices, and related counterclaims. The bill provides for various procedures, including with respect to requests for information from the other party and requests for the board to reconsider a decision. The board may issue monetary awards based on actual or statutory damages. The parties shall bear their own attorneys' fees and costs except where there is bad faith misconduct. A board's final determination precludes relitigating the claims in court or at the board. Parties may challenge a board decision in federal district court only if (1) the decision was a result of fraud, corruption, or other misconduct; (2) the board exceeded its authority or failed to render a final determination; or (3) in a default ruling or failure to prosecute, the default or failure was excusable.

Bill Text Versions

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Timeline
May 1, 2019
Introduced in Senate
May 1, 2019
Read twice and referred to the Committee on the Judiciary.
Jul 18, 2019
Committee on the Judiciary. Ordered to be reported without amendment favorably.
Sep 12, 2019
Committee on the Judiciary. Reported by Senator Graham without amendment. With written report No. 116-105.
Sep 12, 2019
Placed on Senate Legislative Calendar under General Orders. Calendar No. 206.
Oct 23, 2019

Latest Companion Bill Action

HR 116-2426
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 266.
  • May 1, 2019
    Introduced in Senate


  • May 1, 2019
    Read twice and referred to the Committee on the Judiciary.


  • July 18, 2019
    Committee on the Judiciary. Ordered to be reported without amendment favorably.


  • September 12, 2019
    Committee on the Judiciary. Reported by Senator Graham without amendment. With written report No. 116-105.


  • September 12, 2019
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 206.


  • October 23, 2019

    Latest Companion Bill Action

    HR 116-2426
    Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 266.

Commerce

Related Bills

  • HR 116-2426: CASE Act of 2019
  • S 116-4632: Online Content Policy Modernization Act
Administrative remediesAlternative dispute resolution, mediation, arbitrationCongressional agenciesEvidence and witnessesGovernment employee pay, benefits, personnel managementGovernment information and archivesGovernment studies and investigationsIntellectual propertyJudicial review and appealsLibrary of Congress

CASE Act of 2019

USA116th CongressS-1273| Senate 
| Updated: 9/12/2019
Copyright Alternative in Small-Claims Enforcement Act of 2019 or the CASE Act of 2019 This bill creates the Copyright Claims Board, a body within the U.S. Copyright Office, to decide copyright disputes. Damages awarded by the board are capped at $30,000. Participation in board proceedings is voluntary with an opt-out procedure for defendants, and parties may choose instead to have a dispute heard in court. If the parties agree to have their dispute heard by the board, they shall forego the right to be heard before a court and the right to a jury trial. Board proceedings shall have no effect on class actions. The board shall be authorized to hear copyright infringement claims, actions for a declaration of noninfringement, claims that a party knowingly sent false takedown notices, and related counterclaims. The bill provides for various procedures, including with respect to requests for information from the other party and requests for the board to reconsider a decision. The board may issue monetary awards based on actual or statutory damages. The parties shall bear their own attorneys' fees and costs except where there is bad faith misconduct. A board's final determination precludes relitigating the claims in court or at the board. Parties may challenge a board decision in federal district court only if (1) the decision was a result of fraud, corruption, or other misconduct; (2) the board exceeded its authority or failed to render a final determination; or (3) in a default ruling or failure to prosecute, the default or failure was excusable.

Bill Text Versions

View Text
2 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
May 1, 2019
Introduced in Senate
May 1, 2019
Read twice and referred to the Committee on the Judiciary.
Jul 18, 2019
Committee on the Judiciary. Ordered to be reported without amendment favorably.
Sep 12, 2019
Committee on the Judiciary. Reported by Senator Graham without amendment. With written report No. 116-105.
Sep 12, 2019
Placed on Senate Legislative Calendar under General Orders. Calendar No. 206.
Oct 23, 2019

Latest Companion Bill Action

HR 116-2426
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 266.
  • May 1, 2019
    Introduced in Senate


  • May 1, 2019
    Read twice and referred to the Committee on the Judiciary.


  • July 18, 2019
    Committee on the Judiciary. Ordered to be reported without amendment favorably.


  • September 12, 2019
    Committee on the Judiciary. Reported by Senator Graham without amendment. With written report No. 116-105.


  • September 12, 2019
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 206.


  • October 23, 2019

    Latest Companion Bill Action

    HR 116-2426
    Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 266.
John Kennedy

John Kennedy

Republican Senator

Louisiana

Cosponsors (21)
Joni Ernst (Republican)Jeanne Shaheen (Democratic)Mike Braun (Republican)Mazie K. Hirono (Democratic)Tammy Duckworth (Democratic)Tom Udall (Democratic)Dianne Feinstein (Democratic)Patrick J. Leahy (Democratic)Thomas Tillis (Republican)Cindy Hyde-Smith (Republican)Richard J. Durbin (Democratic)Christopher A. Coons (Democratic)Marsha Blackburn (Republican)Todd Young (Republican)Roger F. Wicker (Republican)Ted Cruz (Republican)Kevin Cramer (Republican)Martin Heinrich (Democratic)John Cornyn (Republican)Chuck Grassley (Republican)Richard Blumenthal (Democratic)

Judiciary Committee

Commerce

Related Bills

  • HR 116-2426: CASE Act of 2019
  • S 116-4632: Online Content Policy Modernization Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative remediesAlternative dispute resolution, mediation, arbitrationCongressional agenciesEvidence and witnessesGovernment employee pay, benefits, personnel managementGovernment information and archivesGovernment studies and investigationsIntellectual propertyJudicial review and appealsLibrary of Congress