CASE Act of 2016

Copyright Alternative in Small-Claims Enforcement Act of 2016 or the CASE Act of 2016

This bill establishes in the U.S. Copyright Office a small claims board to serve as an alternative forum for parties to voluntarily seek to resolve certain copyright claims if the total monetary recovery sought by a party does not exceed $30,000.

The board is authorized to: (1) conduct hearings and conferences to facilitate parties' settlement of claims and counterclaims; (2) render independent determinations based on copyright laws and regulations; (3) award monetary relief; and (4) require cessation or mitigation of infringing activity, including the takedown or destruction of infringing materials, where the parties agree.

The bill preserves the right of parties to instead pursue a claim or defense in court.

Board proceedings shall not require in-person appearances by parties. Proceedings may take place through Internet-based teleconference applications.

Discovery shall be limited to the production of relevant information and documents, written interrogatories, and written requests for admission. But the board may consider a party's request for additional limited discovery.

A party may request: (1) the claims board to reconsider its determinations, and (2) the Register of Copyrights to review a claims board determination if the board denies reconsideration.

A final determination precludes relitigation of the claims before a court or the board, but parties may apply for the U.S. District Court for the District of Columbia to vacate, modify, or correct a determination that: (1) was issued as a result of fraud, corruption, misrepresentation, or misconduct; (2) exceeds the board's authority or fails to render a definite determination; or (3) was based on a default determination or failure to prosecute that was due to excusable neglect.

If a party fails to pay or comply with relief awarded in a final board determination, the aggrieved party may apply for a court order confirming the final award.