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NY A10708
Bill
Status
9/18/2024
Primary Sponsor
Clyde Vanel
Click for details
AI Summary
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Creates Article 24-AA of General Business Law prohibiting bad faith assertions of copyright infringement in New York.
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Establishes presumption of bad faith when demands are not made in good faith or claims involve public domain material or material the asserter lacks authority to enforce.
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Requires courts to consider nine specific factors when determining if a demand amount was made in good faith, including cost of material, reasonable attorney's fees, damages veracity, market rates, and settlement intent.
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Allows civil actions by recipients of bad faith assertions with remedies including equitable relief, attorney's fees, and exemplary damages of $10,000 or three times total damages/costs/fees, whichever is greater.
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Authorizes Attorney General to seek injunctions and civil penalties up to $10,000 per bad faith assertion or three times total damages/costs/fees for persistent violations; takes effect 180 days after enactment.
Legislative Description
Prohibits assertions of copyright infringement where the amount demanded by the person making the assertion was not made in good faith or the claim or assertion of copyright infringement is based on copyrighted material that is in the public domain or for which the asserter lacks the authority to enforce the copyright.
Last Action
referred to judiciary
9/18/2024