
Creators have an uphill battle in enforcing their rights online. A small claims court to allow creators to exercise their rights without full federal litigation is a good goal, and one that should be pursued. The Copyright Alternative in Small-Claims Enforcement Act of 2019, also known as the CASE Act, presents one potential, but flawed framework for such a court. It is not, however, the only potential framework. A robust, well-designed system would be designed to balance the interests of legitimate claimants and defendants against those of bad actors seeking to turn the forum into a quick cash grab. Below, we look at the key features of such a system, and why they’re important.