HB 2691

Abstract

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to claim that another has infringed upon a copyright if the claim falsely threatens adverse administrative or judicial action, the assertions lack a reasonable basis in fact or law, the person making the assertion is not, or does not represent, a person with a current right to license the copyright, or the claim fails to make certain other disclosures. Provides that a person who sends certain written communications bears liability or owes compensation to another person if: (1) the communication falsely states that litigation has been filed against the intended recipient; or (2) the assertions contained in the communication lack a reasonable basis in fact or law because the communication seeks compensation for a copyright that has been held invalid or unenforceable in a final, unappealable or unappealed, judicial or administrative decision. Provides that nothing in the provisions shall be construed to deem it an unlawful practice for any person who owns or has the right to license or enforce a copyright to: (1) advise others of that ownership or right of license or enforcement; (2) communicate to others that the copyright is available for license or sale; (3) notify another of the infringement of the copyright; or (4) seek compensation on account of past or present infringement or for a license to the copyright.