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Copyright Office Seeks Further Public Comment on Potential Small Claims System
Practical Law Legal Update 9-524-4159 (Approx. 3 pages)
Copyright Office Seeks Further Public Comment on Potential Small Claims System
by PLC Intellectual Property & Technology
| Published on 25 Feb 2013 • USA (National/Federal) |
The US Copyright Office has made a third request for public comment on the topic of adjudicating small copyright claims. The Copyright Office is specifically seeking additional comments on possible alternatives to the current legal system to improve the adjudication of small copyright claims.
On February 20, 2013, the US Copyright Office published a notice of inquiry, requesting additional public comments for its study on small copyright claims. The study will assess whether the current legal system prevents copyright owners from pursuing small claims and offer recommended administrative, statutory and regulatory changes.
This notice follows up on previous requests for public comment on this issue in October 2011 and August 2012 (see Copyright Office Seeks Public Comment on Potential Small Claims System). It seeks additional comments on, among other issues, whether a small copyright claim system should:
- Be mandatory or voluntary.
- Cover all or only certain types of works.
- Include the possibility for injunctive relief.
- Eliminate willful and innocent infringement distinctions, including their impact on damages awards.
- Adjudicate claims in addition to infringement claims, for example, when they are intertwined with another cause of action or raised as a defense.
Comments are due April 12, 2013 and should be submitted through the Copyright Office's website.