Bill > H3326

This bill amends South Carolina law by adding a new section to address bad faith copyright infringement claims, providing protections for businesses and individuals who are targeted by what the bill considers to be frivolous or deceptive copyright infringement assertions. The bill defines a "demand letter" as any communication claiming copyright infringement and establishes a set of factors that courts can use to determine whether a copyright infringement claim is made in bad faith. These factors include lacking specific details about the copyright, failing to conduct a proper analysis of the alleged infringement, demanding quick payment, or making unreasonable licensing offers. If a court finds a bad faith assertion has been made, it can require the person making the claim to post a bond up to $250,000 and can award remedies to the targeted business, including equitable relief, actual damages, attorney's fees, and punitive damages of up to $50,000 or three times the total damages. The bill empowers the Attorney General to take action against such claims and allows targeted businesses or individuals to seek legal recourse, while emphasizing that it does not limit other existing legal remedies. The law will take effect upon the Governor's approval, providing a new legal tool to protect businesses from what the bill considers to be abusive copyright infringement claims.

Business and Industry

https://www.scstatehouse.gov/billsearch.php?billnumbers=3326&session=126&summary=B