ImageRights has formally opposed Nevada Senate Bill 332, a deeply troubling piece of legislation that would create new legal risks for photographers, artists, and other rightsholders who seek to protect their work from unauthorized use.

S.B. 332 would allow alleged infringers to bring state-level lawsuits against rightsholders for sending copyright enforcement letters that the infringer claims were made in “bad faith.” Alarmingly, the bill outlines factors that could be used as evidence of bad faith, including failing to include a copyright registration number or the full names and addresses of all rightsholders - details that are not required under federal law and are often impractical for creatives dealing with large-scale online infringement.

Indeed, deeming what are standard and legitimate practices in copyright enforcement as factors favoring a finding of “bad faith” would reduce meaningful access to civil remedies for all rightsholders. This, in turn, would have a chilling effect, intimidating legitimate rightsholders - especially individual creators and small businesses that lack the resources for protracted, expensive, and burdensome litigation - from enforcing their rightful claims for fear of making, or inadvertently making, a mistake in their communications.

We urge lawmakers in Nevada to reject S.B. 332 and uphold the rights of creators to efficiently and effectively protect their work. This bill would embolden infringers while silencing the very people copyright law was designed to protect.

Read the full ImageRights letter of opposition

Read the bill text: S.B. 332 (PDF)