Bringing a copyright action in Federal court is expensive. There’s no question; the costs bar many aggrieved copyright owners from justice.

Several organizations representing copyright owners — along with the United States Copyright Office itself — have been working on legislation toward a copyright “small claims” system, providing an administrative (as opposed to judicial) option for the resolution of copyright-related disputes. Draft legislation was introduced last month, in both the House and the Senate.

Understandably, the sponsoring organizations are excited about this development and they encourage copyright owners to contact their legislators in support of the so-called  Copyright Alternative in Small Claims Enforcement (CASE) Act.

I am not opposed to the CASE Act. But it’s not all good.

My primary concern is that copyright owners review it fully and carefully before deciding whether it’s something they do or do not wish to support. Jumping on the bandwagon without vetting the details can backfire.

I read the Senate version in its entirety and prepared this worksheet to help copyright owners weigh the potential pros and cons. My suggestion is to assign every provision a PRO or a CON rating (maybe on a scale of 1-5 depending on how much the provision matters to you) — and then add up the ratings to see where you really stand. If your PROs outweigh your CONs and you want to see this become law: convey that to your legislators. If your CONs prevail, however, your message to legislators should be a request for revision rather than blind support.

Happy weighing.