Lawyering and Advising in the CASE Act Era

We are delighted to present 90 minutes on the CASE Act, the Copyright Office’s small claims process that should be up and running in the first half of 2022.

The Case Act, Part I: David Carson, Monica McCabe and Brad Newberg Give Us an Update (30 minutes)

We are on the cusp of the first small claims court-like process for copyright disputes.  We’ve heard about the logistics, read about the fears, and provided input on how it should all work. Now, it’s here (almost). David Carson, Monica McCabe, and Brad Newberg have been appointed as the inaugural Copyright Claims Officers, charged with implementation and review of cases brought under the CASE Act. Get an inside view of the process, and thoughts of what it takes to get a small claims copyright system up and running, and the larger practice and ethical questions it poses. All three join us for an inside look.

The Case Act, Part II:  Challenges, Legal Advice and Ethical Questions?  (60 minutes)

So, as practitioners, we have questions. This panel will discuss what it might actually be like using the provisions of the CASE Act, from a client advising perspective. The CASE Act system includes an opt-out provision.  What does that mean when advising clients to engage in the system or to opt-out?  How might large companies approach the CASE Act, both in submitting claims and responding to claims? And the CASE Act will no doubt encourage many people without legal, or more specifically copyright background, to engage with the copyright system. What will that look like, and what happens when neither side is familiar with copyright? For instance, what happens if the suit looks like a copyright suit, but trademark or unfair competition issues are also implicated?  And then the larger picture: Should we be thinking of this as representing a client or implementing law that may have a larger benefit?  So many questions.

In this hour-long discussion, we will discuss these issues with our previous panel, along with Nancy Wolff (representing artists, their representatives and publishers), Elizabeth Townsend Gard (professor and focused on quilting/craft industries), and Chris Reed (in house counsel for a large broadcaster and photographer advocate), who will also moderate.

Speakers:

David Carson
Copyright Claims Officer, U.S. Copyright Office

Monica McCabe
Copyright Claims Officer, U.S. Copyright Office

Brad Newberg
Copyright Claims Officer, U.S. Copyright Office

Elizabeth Townsend-Gard
Professor of Law, Tulane University Law School

Nancy Wolff
Partner, Cowan DeBaets Abrahams & Sheppard LLP

Chris Reed (Moderator)
Senior Vice President, Intellectual Property, Content Protection, and Litigation, Fox Corporation