New York bill A00395 prohibits bad faith assertions of copyright infringement.

New York bill A00395 amends the general business law to add a new article prohibiting bad faith assertions of copyright infringement. A bad faith assertion is defined as one where the amount demanded is not made in good faith, or the claim is based on copyrighted material in the public domain or where the asserter lacks authority. The bill allows recipients of such assertions to bring civil actions for equitable relief, attorney's fees, exemplary damages, and other relief. Courts may consider various factors in determining if an assertion is made in bad faith.

New York bill A00395 prohibits bad faith assertions of copyright infringement.

New York bill A00395 amends the general business law to add a new article prohibiting bad faith assertions of copyright infringement. A bad faith assertion is defined as one where the amount demanded is not made in good faith, or the claim is based on copyrighted material in the public domain or where the asserter lacks authority. The bill allows recipients of such assertions to bring civil actions for equitable relief, attorney's fees, exemplary damages, and other relief. Courts may consider various factors in determining if an assertion is made in bad faith.