Sunday, July 13, 2014

Copyright Office Proposes Small Claims Tribunal

Good news for visual artists. The US Copyright Office has proposed legislation that would enable copyright owners to enforce their rights for smaller-value claims.

Here’s a nice recap from the law firm of Holland & Knight.

If Congress enacts legislation according to the Copyright Office’s proposal, copyright owners will be able to file claims that traditionally would not have been worth the expense of an action in federal court. This is true regardless of whether the copyright owner is an individual or a large corporate entity. The streamlined tribunal process will prevent a “Goliath” defendant from relying on federal litigation to discourage claims by a small “David” within the creative and tech industries. Conversely, large-entity copyright holders will have a cost-effective method to prevent widespread infringing uses of their content. The net effect promises to be increased respect for the protection afforded to rights holders, and ultimately better remuneration for those rights holders.


Tags: , , , , , , , ,

Comments: 1

(comments are closed)

  • One concern I had about this was that the proposal made participation in the tribunals voluntary. Do you know anything about that or have any insight as to how it would play out?

    I think we need a system like this, for sure.


Clancco, Clancco: The Source for Art & Law,, and Art & Law are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento and of the artists and writers who submit to They are not the views of any other organization, legal or otherwise. All content contained on or made available through is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to treated as confidential.

Website Terms of Use, Privacy, and Applicable Law.

Switch to our mobile site