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Questioning the Proposed Small Claims Board for Copyright Cases
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 Export to Your Calendar 10/24/2018
When: October 24, 2018
12:00 pm to 1:30 pm
Where: Map this event »
Coblentz Patch Duffy & Bass
1 Montgomery St #3000
San Francisco, California  94104
United States

Online registration is available until: 10/23/2018
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Questioning the Proposed Small Claims Board for Copyright Cases


The impetus for development of a small claims to adjudicate copyright claims is commendable. The costs of federal court litigation often far outweigh the monetary compensation that could be awarded, and so many infringements occur for which there is, in effect, no viable remedy. In the past, I have supported the idea of a small claims system. In this talk, I will explain why I do not support the proposed CASE Act. I question 1) its constitutionality, 2) the breadth of jurisdiction it contemplates, 3) particularities of the process, especially the opt-out proposed, 4) the new statutory damage regime, 5) the cost vs. benefits of the proposed regime, and 6) under-exploration of alternatives. I will also sketch out some features of a regime that would be preferable.


Pamela Samuelson

Pamela Samuelson is the Richard M. Sherman Distinguished Professor of Law and Information at the University of California, Berkeley. She is recognized as a pioneer in digital copyright law, intellectual property, cyberlaw and information policy. Since 1996, she has held a joint appointment at Berkeley Law School and UC Berkeley’s School of Information. Samuelson is a director of the internationally-renowned Berkeley Center for Law & Technology. She serves on the board of directors of the Electronic Frontier Foundation and the Electronic Privacy Information Center, as well as on the advisory boards for the Center for Democracy & Technology, Public Knowledge, and the Berkeley Center for New Media.

Samuelson began her legal career as an associate with Willkie Farr & Gallagher in New York. She began her career as a legal academic at the University of Pittsburgh School of Law, from which she visited at Columbia, Cornell, and Emory Law Schools. While on the Berkeley faculty, she has been a distinguished visiting professor at University of Toronto Law School as well as a visiting professor at the University of Melbourne and Harvard Law Schools. She was named an honorary professor at the University of Amsterdam in 2002. More info.


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