New York A 395: Relates to instruction in food, agriculture and nutrition in elementary and high school

Bill Text

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A00395 Summary:

BILL NOA00395 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORVanel

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COSPNSR

&nbsp

MLTSPNSR

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Add Art 24-AA §§370 - 370-c, Gen Bus L

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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.

Go to top A00395 Actions:

BILL NOA00395 

&nbsp

01/08/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA00395 Committee&nbspVotes:

Go to topA00395 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00395 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 395

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. VANEL -- read once and referred to the Committee
 on Judiciary

 AN ACT to amend the general business law, in relation to prohibiting bad
 faith assertions of copyright infringement

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general business law is amended by adding a new article
 2 24-AA to read as follows:
 3 ARTICLE 24-AA
 4 BAD FAITH ASSERTIONS OF COPYRIGHT INFRINGEMENT
 5 Section 370. Definitions.
 6 370-a. Bad faith assertions of copyright infringement prohibit-
 7 ed.
 8 370-b. Penalties.
 9 370-c. Severability.
 10 § 370. Definitions. The following terms shall have the following mean-
 11 ings:
 12 1. "Demand" or "assertion" shall mean a letter, e-mail, or other
 13 communication asserting or claiming that the target has engaged in copy-
 14 right infringement.
 15 2. "Target" shall mean a New York resident:
 16 (a) Who has received a demand letter or against whom an assertion or
 17 allegation of copyright infringement has been made;
 18 (b) Who has been threatened with litigation or against whom a lawsuit
 19 has been filed alleging copyright infringement; or
 20 (c) Whose customers have received a demand letter asserting that the
 21 person's product, service, or technology has infringed on a copyright.
 22 § 370-a. Bad faith assertions of copyright infringement prohibited. 1.
 23 A person shall not make a bad faith assertion of copyright infringement.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01944-01-5

 A. 395 2

 1 2. An assertion of copyright infringement is presumptively made in bad
 2 faith when:
 3 (a) The amount demanded by the person making the assertion was not
 4 made in good faith; or
 5 (b) The claim or assertion of copyright infringement is based on copy-
 6 righted material that is in the public domain or for which the asserter
 7 lacks the authority to enforce the copyright.
 8 3. A court determining whether an amount demanded was made in good
 9 faith shall consider the following factors:
 10 (a) the amount of the demand that makes up the cost of the copyrighted
 11 material;
 12 (b) the amount of the demand that makes up any reasonable costs and
 13 attorney's fees incurred in making the assertion, provided however that
 14 where the assertion was made through automated means or the costs
 15 incurred to make and communicate the assertion were de minimis, the
 16 court shall find that the cost incurred in making the assertion is zero
 17 dollars;
 18 (c) the amount of the demand that makes up damages related to the use
 19 of the copyrighted material, including reputational damages, lost
 20 licensing revenue, lost sales, punitive damages and any other financial
 21 loss associated with the infringement, provided however that a court
 22 shall assess the veracity of such damages and the amount claimed by such
 23 damages;
 24 (d) the amount of the demand that makes up any other costs;
 25 (e) the amount that is generally awarded for similar claims where a
 26 person asserting copyright infringement prevails, other than such
 27 amounts described in paragraph (b) of this subdivision;
 28 (f) the amount that a willing buyer of the relevant copyrighted mate-
 29 rial is willing to pay a willing seller. To determine such amount a