Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Latest COVID-19 Relief Law Contains Copyright and Domain Name Law Changes

Author: Scarinci Hollenbeck, LLC

Date: March 4, 2021

Key Contacts

Back
Latest COVID-19 Relief Law Contains Copyright and Domain Name Law Changes

The Consolidated Appropriations Act for 2021 contains important intellectual property changes that will impact copyright and domain name owners...

The Consolidated Appropriations Act for 2021, which President Donald Trump signed into law on December 27, 2021, contains important intellectual property changes that will impact copyright and domain name owners. The Copyright Alternative in Small-Claims Enforcement Act of 2019 (CASE Act) establishes a small claims tribunal within the U.S. Copyright Office, while the Protecting Lawful Streaming Act of 2020 makes it a felony to stream pirated content for commercial purposes.  The Act includes an important policy provision regarding the maintenance of public information concerning domain name owners.

Copyright Law Changes Under the CASE Act

The CASE Act establishes a Copyright Claims Board comprised of three officers with significant experience resolving copyright claims. The members of the tribunal would be recommended by the Register of Copyrights and appointed by the Librarian of Congress. Below are several other key provisions of the new law:

  • Voluntary participation: Proceedings can be initiated by a copyright holder claiming infringement or by a user seeking to obtain a legal declaration of non-infringement. The small claims court will be authorized to hear claims for misrepresentation in connection with a notification of claimed infringement or a counter-notification seeking to replace removed or disabled material under Section 512(f) of the Digital Millennium Copyright Act.
  • Limited Damages: Awards of statutory damages are limited to $15,000 for each work infringed, provided the works were registered with the U.S. Copyright Office prior to infringement or within three months of publication. For works that were not timely registered, damages are limited to $7,500 per work.  Monetary damages in any one proceeding are capped at $30,000.
  • Attorneys’ Fees: Except in the case of bad faith conduct, the parties to proceedings before the Copyright Claims Board will bear their own attorneys’ fees and costs.
  • Electronic Proceedings: Claims before the board will not require in-person appearances by parties or others. Instead, they will take place by means of written submissions as well as hearings and conferences accomplished via Internet-based applications and other telecommunications facilities.

Supporters of the CASE Act maintain that copyright infringement claims will proceed more quickly and be less costly to litigate. Meanwhile, critics contend that the small claims court will encourage more lawsuits, particularly by so-called “trolls.”

Copyright Law Changes Under the Protecting Lawful Streaming Act of 2020

Under current law, only violations of the reproduction and distribution rights of copyright owners can be charged as felonies, while criminal infringement via streaming (or “publicly performing”) only results in a misdemeanor. The Protecting Lawful Streaming Act aims to crack down on streaming piracy by closing this so-called “streaming loophole.”

Under the Protecting Lawful Streaming Act of 2020, codified as 18 U.S.C. § 2319C, federal prosecutors are authorized to bring felony charges against a digital transmission service that:

  • Is primarily designed or provided for the purpose of streaming copyrighted works without the authority of the copyright owner or the law; or
  • Has no commercially significant purpose or use other than to stream copyrighted works without the authority of the copyright owner or the law; or
  • Is intentionally marketed by or at the direction of that person to promote its use in streaming copyrighted works without the authority of the copyright owner or the law.

A conviction for violation of section 2319C carries a punishment of up to three years imprisonment. The maximum penalty increases to five years if the offense was committed in connection with one or more works “being prepared for commercial public performance.”

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2021

The massive COVID-19 relief bill also includes the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2021, which mandates changes to domain name registration “WHOIS” requirements. The joint explanatory statements (JES) accompanying the bill specifically directs the National Telecommunications and Information Administration (NTIA), which represents the U.S. Government at ICANN’s Governmental Advisory Committee (GAC), to work with the Internet Corporation for Assigned Names and Numbers (ICANN) to expedite the establishment of a global access model that provides law enforcement and IP rights holders timely access to accurate domain name registration information. It further states that NTIA is encouraged, as appropriate to require registries and registrars based in the U.S. to collect and make public accurate domain name registration information.

The domain name registration requirement is a response to ICANN’s decision to suspend mandatory WHOIS requirements and the subsequent lack of a new global access model. By addressing the issue in the federal spending bill, Congress has demonstrated that it will continue to press NTIA to work with ICANN to bring such a public information access model quickly to fruition. 

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!