The New CASE Act can help Amazon Sellers with their DMCA Takedowns

Under the DMCA, a copyright owner can file a takedown notice against another seller who is infringing on their copyrighted work.  If the seller against whom the notice was filed, the accused seller has the remedy to file a counter-notice, which has the effect of re-establishing the allegedly infringing content, unless the accused infringer files a complaint for copyright infringement.  Under the old law, this required a filing in federal court, which can be extremely expensive.

On December 27, 2020, Congress passed a bill called the CASE Act, which provides a small claims alternative for filing a copyright infringement case.  While the remedies and damages are limited, there are several things which are very interesting for Amazon sellers:

1.   Copyright holders can now file a small claims copyright infringement case under the new law, which are decided by a four-person board of experts.  This is a voluntary process, and if the defendant opts out, you must proceed to file in conventional federal court.

2.  A filing provides you with a filed complaint that you can show to Amazon to defeat a fraudulent counter-notice.

3.  A filing is cheaper, you can be represented by counsel, and hearings are virtual (held by videoconference as opposed to in -person).

Our Amazon attorney is here to help answer your questions on this new process and how it may benefit you.
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Under the DMCA, a copyright owner can file a takedown notice against another seller who is infringing on their copyrighted work.  If the seller against whom the Under the DMCA, a copyright owner can file a takedown notice against anoler who is infringing on their copyrighted work.  If the seller against whom the notice was filed, the accused seller has the remedy to file a counter-notice, which has the effect of re-establishing the allegedly infringing content, unless the accused infringer files a complaint for copyright infringement.  Under the old law, this required a filing in federal court, which can be extremely expensive.

On December 27, 2020, Congress passed a bill called the CASE Act, which provides a small claims alternative for filing a copyright infringement case.  While the remedies and damages are limited, there are several things which are very interesting for Amazon sellers:

1.   Copyright holders can now file a small claims copyright infringement case under the new law, which are decided by a four-person board of experts.  This is a voluntary process, and if the defendant opts out, you must proceed to file in conventional federal court.

2.  A filing provides you with a filed complaint that you can show to Amazon to defeat a fraudulent counter-notice.

3.  A filing is cheaper, you can be represented by counsel, and hearings are virtual (held by videoconference as opposed to in -person).

Our Amazon attorney is here to help answer your questions on this new process and how it may benefit you.notice was filed, the accused seller has the remedy to file a counter-notice, which has the effect of re-establishing the allegedly infringing content, unless the accused infringer files a complaint for copyright infringement.  Under the old law, this required a filing in federal court, which can be extremely expensive.

On December 27, 2020, Congress passed a bill called the CASE Act, which provides a small claims alternative for filing a copyright infringement case.  While the remedies and damages are limited, there are several things which are very interesting for Amazon sellers:

1.   Copyright holders can now file a small claims copyright infringement case under the new law, which are decided by a four-person board of experts.  This is a voluntary process, and if the defendant opts out, you must proceed to file in conventional federal court.

2.  A filing provides you with a filed complaint that you can show to Amazon to defeat a fraudulent counter-notice.

3.  A filing is cheaper, you can be represented by counsel, and hearings are virtual (held by videoconference as opposed to in -person).

Our Amazon attorney is here to help answer your questions on this new process and how it may benefit you.