Lord Lucas is seeking to set this right by proposing a new section in the Copyright, Designs and Patents Act 1988. The noble lord, as previously noted, is eager to see some checks and balances in the Digital Economy Bill to rein in heavy-handed right owners, especially top-shelf copyright proprietors. The proposed section is:
Do readers of this blog think there is good reason for this proposal...or is it groundless?
"169A. Remedy for groundless threats of infringement proceedings
(1) Where a person threatens another person with proceedings for infringement of copyright, a person aggrieved by the threats may bring an action against him claiming—
(a) a declaration to the effect that the threats are unjustifiable;
(b) an injunction against the continuance of the threats;
(c) damages in respect of any loss which he has sustained by the threats.
(2) If the claimant proves that the threats were made and that he is a person aggrieved by them, he is entitled to the relief claimed unless the defendant shows that the acts in respect of which proceedings were threatened did constitute, or if done would have constituted, an infringement of the copyright concerned.
(3) Mere notification that work is protected by copyright does not constitute a threat of proceedings for the purposes of this section.
(4) A copyright infringement report within the meaning of section 124A(3) of the Communications Act 2003, if notified to a subscriber under section 124A(4) of the Communications Act 2003, does constitute a threat of proceedings for the purposes of this section."