The New Copyright Small Claims Court

presented by attorney Thomas James

Two dates:

June 22, 2022, 12:00 - 2:00 p.m. CDT - Live webinar (Minn. Event Code 461904)

July 13, 2022, 12:00 - 2:00 p.m. CDT - Video replay (Minn. Event Code 461906)

Other time zones: 

1:00 - 3:00 p.m. EDT

11:00 a.m. - 1:00 p.m. MDT

10:00 a.m. - 12:00 p.m. PDT/MST

9:00 a.m. - 11:00 a.m. AKDT

Agenda

12:00 – 12:30 p.m. – The Newly Created Copyright Claims Board

The Copyright Alternative in Small Claims Enforcement Act of 2020 (“CASE Act”) called for the creation of an administrative tribunal within the U.S. Copyright Office to adjudicate small claims involving either misrepresentation in connection with a take-down notification or counter-notification, or copyright infringement. This segment of the course will cover:

· The purpose of the CASE Act

· The composition of the Copyright Claims Board, including who the initial CCB Officers are and their qualifications 

· CCB attorneys and their qualifications

· Powers and limitations on the powers of the Copyright Claims Board

· Jurisdiction (subject matter and personal)

· The nature of the proceeding

· The right to opt out

· Effect on the statute of limitations

· The copyright registration requirement

· Joinder of parties and claims

· Damages and other remedies the CCB may award.

12:30 – 1:30 p.m. -- A Roadmap to CCB Proceedings 

This segment of the course will provide detailed information about the stages of a CCB proceeding, from filing a claim, response, or counterclaim, to seeking judicial review. Topics to be covered include:

· The applicable law

· Records

· Virtual (electronic) nature of the CCB

· Legal representation (attorneys and law students)

· Filing a claim – form, fees, procedure

· The CCB’s compliance review process for claims and counterclaims

· Amending a pleading

· Service of process

· Responding to a claim (opt-out, response, counterclaim)

· Consolidation of cases

· CCB Orders

· Discovery

· Requests (known in court as “motions”)

· Submissions (evidence and argument)

· Hearings

· Dismissals

· Conferences

· Settlement

· Standard of proof

· Effect on pending court actions

· Alternative dispute resolution

· Smaller Claims (up to $5,000) procedures

· Determinations

· Defaults

· Precedential and preclusive effects

· Review (CCB, Register of Copyrights, judicial)

1:30 – 1:50 p.m. – Potential constitutional challenges

This segment of the course identifies and discusses potential constitutional infirmities in the CASE Act, including:

· Appointments Clause, in relation to the appointment of CCB Officers by the Librarian of Congress without the involvement of the President or Congress

· Separation of powers, particularly in light of the U.S. Supreme Court’s decision in Oil States Energy Services, CFTC v. Schor, and other cases

· Due process, particularly the issues of personal jurisdiction and the right to a jury trial

· Potential “Achilles heel” of the CASE Act: Default judgments and the limited scope of judicial review.

1:50 – 2:00 p.m. – Questions and Answers

Cost: $50

CLE Credits

Attorneys: The Minnesota Board of Continuing Legal Education has approved this course for 2.0 Standard CLE credits for this course. Credits also available in Alaska, Arizona, Arkansas, Connecticut, Florida, Guam, Hawaii, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Northern Mariana Islands, Wisconsin. Check with the CLE governing body in your state for information about CLE credits in other jurisdictions: 

Paralegals: The NALA has approved this course for 2.0 paralegal continuing education credits. In addition, the Minnesota Board of Continuing Legal Education has approved it for 2.0 attorney CLE credits. 

Register here for the June 22, 2022 course.

Register here for the July 13, 2022 course.