Potential US Small Claims Theft Court for Photo Infringement

[Alan Klein]

So far passed by US Senate, this will allow small claims lawsuits up to $15,000 for theft of photos.  Participation in the system is voluntary on both sides, as the Sixth Amendment guarantees the right to a trial by jury.  So I'm not too sure how effective the law would be.  Thoughts? [/size]
https://www.billboard.com/articles/business/8520774/case-act-senate-judiciary-committee-approves-copyright-disputes

[LesPalenik]

Most online images are stolen and re-marketed by thiefs residing in Asia.

[Alan Klein]

Most online images are stolen and re-marketed by thiefs residing in Asia.

You'll have to sue them in Yen. 

All kidding aside, could you sue the user of the photo?  If that's in the bill, it wouldn't matter if the original theft occur in Asia.  The biggest problem I see, is that the "thief" could opt out of the new process forcing a lawsuit in federal court, a very expensive legal process.  So I'm not sure how the artist is protected.  In regular small claims court, there is no jury and the defendant can't opt out.  The thing seems a little ineffective to me.

[Chris Kern]

Participation in the system is voluntary on both sides, as the Sixth Amendment guarantees the right to a trial by jury.

One minor technical correction: it's the seventh amendment to the U.S. Constitution that guarantees a trial by jury in civil cases:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

The seventh amendment is somewhat unusual in that in only applies to federal litigation.  However, as far as I know most U.S. states require jury trials in civil cases within their jurisdiction.

The sixth amendment requires jury trials for criminal prosecutions, and applies to the state as well as the federal courts.