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NY A00395
Bill
Status
1/8/2025
Primary Sponsor
Clyde Vanel
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AI Summary
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Prohibits bad faith assertions of copyright infringement, including demands where the amount sought is not made in good faith or claims based on public domain material or material the asserter lacks authority to enforce
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Establishes factors courts must consider to determine bad faith, including whether demanded amounts vastly exceed the copyrighted material's actual value, typical court awards, and market rates for similar materials
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Creates presumption of bad faith when automated demand letters claim inflated costs or when demands appear designed to pressure settlements rather than recover legitimate damages
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Allows victims of bad faith copyright assertions to sue for equitable relief, attorney's fees, and exemplary damages of $10,000 or three times total damages (whichever is greater)
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Authorizes the Attorney General to seek injunctions and impose civil penalties up to $10,000 per violation against persistent offenders, with the law taking 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
1/7/2026