[Congressional Record Volume 165, Number 154 (Tuesday, September 24, 2019)]
[Senate]
[Page S5668]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                NOTICE OF INTENT TO OBJECT TO PROCEEDING

  I, Senator Ron Wyden, intend to object to proceeding to S. 1273, a 
bill to amend title 17, United States Code, to establish an alternative 
dispute resolution program for copyright small claims, and for other 
purposes, dated September 24, 2019 for the reasons as stated in the 
Record.


  Objection to the Copyright Alternative in Small-Claims Enforcement 
                           (CASE) Act of 2019

  Mr. WYDEN. Mr. President, our laws and rules don't work unless they 
work for everyone. Individuals and small businesses should have the 
same rights--and the same ability to enforce those rights--as big 
corporations. I agree that individual creators are less likely than 
Disney or Sony to reap the full benefits of the copyright system when 
their creations are stolen for unfair commercial gain. That is a 
problem. However, the Copyright Alternative in Small-Claims Enforcement 
Act (CASE Act) of 2019 is not the right solution.
  The CASE Act would create an extrajudicial, virtually unappealable 
tribunal that could impose statutory damages of $30,000 on an 
individual who posts a couple of memes on social media, even if the 
claimant sustained little or no economic harm. Even the threat of such 
a judgment could stifle the legitimate fair use of content and be a 
boon to copyright trolls who harass and threaten innocent internet 
users to win settlements. That is a terrible result for freedom of 
expression, and it isn't even the type of activity the supporters of 
this bill are trying to target.
  Our copyright system is a careful balance between protecting our 
First Amendment values and ensuring that authors, photographers, 
graphic designers, and other creators can protect their works and earn 
a living. The CASE Act does not get the balance right, and that is why 
I am placing a hold on this bill.
  For these reasons, I will object to any unanimous consent agreement 
to take up or pass the CASE Act by unanimous consent.

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