Notice of Intent to Object to Proceeding

Floor Speech

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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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