SGA President Rick Carnes speaks before Congress on the importance of the CASE Act. The Act allows independent songwriters and other creators to sue - within a special Copyright Office small claims court - those who have unlawfully used their intellectual property without approval. Prior to the CASE Act, suing for violation of IP rights was prohibitively expensive and beyond the financial reach of most creators. Carnes and SGA Outside Counsel Charlie Sanders, spent ten years getting the Act passed through both through both the House and the Senate.
Washington, D.C. – U.S. songwriters and other indie creators were given
an early gift in December when the U.S. Senate joined the House of
Representatives in passing the Copyright Alternative in Small Claims
Enforcement (CASE) Act. The long-awaited new law allows songwriters and
other creators the ability to sue, in a copyright small claims court,
those who use their work without payment or permission. The Songwriters
Guild of America began working toward this bill more than a decade ago
and cheers its passage at long last.
The House of Representatives
previously and overwhelmingly approved the bipartisan legislation (H.R.
2426) by a vote of 410-6. With the Senate's approval and presidential
ratification, this marks the first time in U.S. history that a small
claims court for copyright creators and owners has been established.
“Around 2007 or earlier, the SGA took the lead and began energetically
pointing out to members of Congress the enormous costs of federal
copyright litigation – which are often well over a quarter million
dollars. These costs have virtually destroyed the ability of music
creators to enforce their rights against infringers. This ‘right without
a remedy’ problem has finally been addressed,” said Rick Carnes, hit
songwriter and president of the SGA.
The SGA and its allies -- including
Music Creators North America, the
Society of Composers & Lyricists,
the Authors Guild and the
U.S. Copyright Alliance – worked long and hard in support of the Act’s legislative victory.
Carnes added, “We’re extremely proud of our role in helping to forge this legislative solution. With the assistance of the
U.S. Copyright Office,
which will oversee implementation and operation of the new system, the
SGA will continue to monitor and report new developments.”
The SGA would like to thank a long list of Congressional supporters for
their stalwart, bipartisan support of the Act and of the creative
community as a whole. These include:
“Our appreciation extends to all
co-sponsors of this critical legislation. These are legislators who care
deeply about the protection of creators and understand the contribution
we make to our culture and our country’s wealth. They have our
sincerest gratitude,” concluded Carnes.
The SGA is optimistic
that this new law will decrease the necessity for future copyright
infringement actions. While accused infringers can opt out of the small
claims process, those who do will know they are being monitored and that
lawsuits in federal court can follow should they choose to opt out. The
result will benefit everyone, including consumers, and drive commerce
and culture forward.
