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NV SB332
Bill
AI Summary
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Makes bad-faith copyright infringement claims a deceptive trade practice under Nevada law, requiring demands to include copyright registration numbers, owner information, specific factual allegations of infringement, and proof of standing
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Allows aggrieved parties to sue for equitable relief, actual damages, attorney's fees, and exemplary damages of $30,000 or three times actual damages plus fees (whichever is greater)
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Establishes factors indicating bad faith, including: failing to conduct infringement analysis before sending demands, demanding payment within unreasonably short timeframes, offering settlements based on litigation defense costs rather than work value, and sending identical mass demands without tailoring to specific alleged infringements
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Provides defenses against bad-faith allegations for original authors, assignees, institutions of higher education, and those who make substantial investments in copyright exploitation or demonstrate good-faith enforcement practices
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Exempts claims under 17 U.S.C. § 106A (visual artists' rights), claims by 501(c)(3) nonprofits, and does not prevent legitimate copyright owners from advising others of ownership, licensing availability, or seeking compensation for actual infringement
Legislative Description
Prohibits the making of a bad-faith claim or assertion of copyright infringement. (BDR 52-699)
Last Action
(Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.)
4/12/2025