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Legal Implications of the CASE Act on Grey Libraries and Grey Literature Authors

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Legal Implications of the CASE Act on Grey Libraries and Grey Literature Authors
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30
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Abstract
The United States Congress enacted the Copyright Alternative in Small Claims Enforcement (CASE) Act at the end of 2020. The Act created a new Copyright Claims Board (CCB) to hear cases involving smaller claims of infringement as well as noninfringement, in addition to claims of misrepresentation under subsection 512(f) of Title 17, United States Code. The CCB is yet to commences operations but will do so in late Spring or early Summer of 2022. This study will investigate the potential impact of the CASE act on library practices with respect to collections of grey literature including the potential for claims to be brought against the library by grey authors. Specific mechanisms of the CASE that implicate patron privacy are also addressed. The impact of the CASE Act on the removal and disabling features of Section 512 are examined with the result that libraries may become more engaged in Section 512 practices including the receipt of removal and disabling requests and halting of restoration processes. The relative infancy of the Copyright Claims Board creates an evolving and uncertain environment in the coming years for the Grey Information community. Will the CASE Act empower authors of Grey Literature to bring libraries into unwanted CCB proceedings? What protections exist for libraries and their employees? Are libraries and patrons exposed to greater legal risk from CASE Act processes and CCB proceedings? What level of resource consumption can be expected in libraries when responding to claims? By examining the mechanisms of the CASE Act, this research can help in understanding where library policies could be strengthened or instigated. Likewise, education resources for both library patrons and grey authors can be formulated. Methodology: The methodology of this research will include textual analysis of relevant copyright statutes and the CASE Act including its relevant legislative history. This facial review explores the implications and intended or unintended consequences of the legislation including the extant and proposed regulations. The opt-out procedures for library and archives as well as the problematic emergence of copyright trolls in CASE Act proceedings are examined. Anticipated Results: Understanding the change the CASE Act will bring to existing library practice under the copyright law informs library practice and better prepares the library to preserve patron privacy, minimize unnecessary involvement in CASE Act proceedings and maintain restoration rights under the removal and disabling requirements of Section 512. Recommendations for library policy and procedure development conclude the discussion.
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