Can Fair Use Survive the CASE Act?
By Kenneth D. Crews
When Congress thinks of COVID, it seems to also think about copyright. Congress made that connection at a critical moment this last December. Embedded in the appropriations bill that gave emergency funding to citizens in need, was a thoroughly unrelated provision establishing a copyright “small-claims court,” where many future infringements may face their decider. The defense of fair use will also be on the docket.