You might be wondering how the CASE Act and Supreme Court Ruling of 2019 impacts you or what the heck it is in the firs place.
In our world of music, the importance of officially copyrighting your music gets downplayed for multiple reasons.
As we have mentioned before, you don’t require an official copyright to have ownership of your music.
Yes, once you create the work, it is technically yours, and you can certainly provide evidence of this fact without the requirement of an official copyright.
The amount of people that live and die by this sword is certainly not a small sample size, and with other myths running around the rumour mill, it’s no wonder why people take for granted the seriousness of properly copyrighting their music.
However, new developments may begin to force the hands of creators, making them rethink their current mindset.
Enter The CASE Act
In the early part of 2019 two separate pieces of legislation were implemented that impact you as an artist. First was the Supreme Courts mandate that a creator must register their work with the copyright office, and have that application approved, before they can file an infringement suit.
This was then followed by the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2019. Before the CASE Act, pursuing justice to the fullest extent of the system was very costly.
The CASE Act has now changed the playing field and made it a lot more affordable for independents to pursue issues related to infringement at an affordable cost and with less hurdles to jump through (Read More).
We established earlier that having your work registered provides you with multiple benefits. The Case Act further proves the importance and leverage of proof provided through registration.
In most cases, infringement will end in a settlement to avoid the costly nature of taking things to court and the associated legal fees. Since most creators are not sitting on stockpiles of cash, the cost of pursuing infringement was often too high for most people to even consider taking any action.
Not only was it a question of affordability, but in most cases, it would cost you more than the damages you would be seeking, which obviously would be a waste of time to pursue.
With this in mind, The Case Act has further proposed a plan to provide an affordable alternative that would be carried out in small claims court and potentially not even require an attorney.
According to Cosynd, which is one of the fastest and most affordable ways to protect you copyrights. “The Case Act creates a voluntary small claims board within the U.S. Copyright Office that will allow copyright owners the option to bring copyright claims, such as infringement and misrepresentation, to a new copyright claims court.”
Through this process, copyright owners could recover up to $30,000 in damages total in each case, with a cap of $15,000 in statutory damages per work infringed. The use of an attorney is optional, and the entire process can be managed digitally.
Wrapping It Up
While The CASE Act will be a massive benefit to creators, the fact is you won’t be able to take advantage of it if you don’t officially register your copyrights.
In all, The CASE Act is an excellent thing for independent artists, but only if you get ahead of the curve and register your music beforehand.
Let’s turn it over to you. In the comments below let us know if you have been following the new developments of The CASE Act and if you are excited about the new change.
Kevin is the founder of Music With Flavor, which joined Whipped Cream Sounds in 2023. He is a seasoned musician turned industry expert. His passion for music goes beyond melodies; he delves deep into the intricate world of music marketing, striving to unearth the most effective strategies for indie musicians. However, Music With Flavor isn’t just about Kevin’s knowledge; it’s a network of industry experts handpicked to provide the most trusted advice. Kevin’s role is to pose the right questions, not just answer them, as he and his team tirelessly research trends, connect with artists, and gather valuable insights.