Change on the Horizon for Small Claim Copyright Infringement?

March 15, 2012

An exclusive right to produced work is cemented within the Constitution. When works of art, works of authorship or screenplays are produced, the creators have the right to protect their works.

These protections are provided by the federal Copyright Act, which has a broad reach, including both small, individual works and colossal, multimillion-dollar movie productions. Just as the range of protected work varies, so do the resources available to bring lawsuits claiming copyright infringement.

Those attempting to file suits for relatively small claims are often dissuaded by the high cost of litigation. As a result, Congress has called upon the U.S. Copyright Office to assess whether the cost deters copyright holders from protecting their rights. If the cost is prohibitive, the Office is asked to offer potential solutions.

Remedies for Small Copyright Claims

If an infringement is alleged, the claim must be brought in federal court. Generally, this process is beneficial because copyright law is federal, and federal courts are familiar with the complex issue of copyright analysis.

Unfortunately, no "small claims" court exists for cases seeking lower damage awards. Accordingly, a single artist claiming infringement of a piece of art and seeking an award of a few thousand dollars goes through the same process as a large movie production studio claiming damages well into the millions.

US Copyright Office's Position in 2006

Problems connected to this system were brought to light in 2006 by a group of photographers. The primary complaint: high cost.

Unfortunately, many copyright holders do not have access to significant amounts of funding. Filing and pursuing a small copyright claim is often a substantial cost with the prospect of a very small damage award.

At the time, the Copyright Office noted the issue warranted further review in the future.

Congress' Incentive for Commissioning New Study

Congress reacted by requesting that the Copyright Office outline the legal obstacles faced by small copyright claimholders. The study is currently underway and the Copyright Office's charge is the following:
- To determine whether authors and other copyright owners are prevented from seeking relief by constraints in the current system
- If so, to provide recommendations geared towards allowing all copyright owners to realize the promise of exclusive rights

The investigation is actively reviewing various alternatives for small copyright claims, ranging from establishing a streamlined small court system to allowing state court involvement.

Throughout the process, investigators and legislators note that copyright infringement is a serious violation of rights. If you have been the victim of copyright infringement, it is important to contact an experienced copyright litigation lawyer to discuss protection of your legal rights.

Article provided by The Simon Law Firm, P.C.
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