Copyright claims might be getting a little easier for photographers. Legislation proposed by Copyright Alternative in Small Claims Enforcement Act of 2017 (CASE) would streamline the federal copyright small claims process, reducing cost of litigation and limiting friction in the copyright claims process for photographers.
Introduced to the US Congress by Hakeem Jeffries of the Democrat Party and Tom Marino, of the Republican Party, the bill is supported by the American Society of Media Photographers, American Photographic Artists, National Press Photographers Association, Professional Photographers of America, North American Nature Photography Association, and many others. The bill draws heavily from a February 2016 bill proposed by visual artists groups, according to DPReview.
The vast majority of cases involving copyright infringement, particularly when it comes to photography, concern the misuse of a photograph, typically without permission or compensation, by a single individual, small business, or group. In the overwhelming majority of these cases, the cost of pursuing litigation in the widely unpredictable, vastly complicated federal courts system prohibits many photographers from successfully filing, winning, and collecting on that small claims case.
Copyright Defence estimates that the costs of litigation for small firms could approach a full year’s earnings for that independent company. Further, copyright lawyers, driven by the same profit incentive that keeps co
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