Senate Bill 332 - OPPOSE
The Digital Media Licensing Association (DMLA) is proud to stand alongside the Copyright Alliance and to advocate for the protection of copyright on behalf of our members. Our participation ensures that the voices of media licensors, creators, and rights holders are represented in important policy conversations. By signing onto key initiatives like this, we help defend the rights that enable innovation, creativity, and a thriving content economy — delivering real value and protection to the communities we serve.
April 10, 2025
via email
The Honorable Julie Pazina
Chair, Senate Commerce and Labor Committee
P.O. Box 231866
Las Vegas, NV 89105
The Honorable Skip Daly
Vice Chair, Senate Commerce and Labor Committee
2180 4th Street
Sparks, NV 89431
RE: Senate Bill 332 – OPPOSE
Dear Senator Pazina and Senator Daly,
On behalf of the Copyright Alliance and its members, I write to respectfully oppose S.B. 332 (the “Bill”), which would unconstitutionally interfere with our members’ enforcement of their rights under federal copyright law.
The Copyright Alliance is the unified voice of the copyright community, representing the interests of thousands of individual creators and organizations across the spectrum of copyright disciplines, including authors, photographers, performers, artists, software developers, musicians, journalists, directors, songwriters, game designers, and many others. We are dedicated to advocating for policies that promote and preserve the value of copyright and to protecting creativity and investments in the creation and distribution of new copyrighted works for the public to enjoy.
The widespread theft of copyrighted works—sometimes called piracy—is a persistent and evolving problem affecting virtually all types of works and copyright owners in the digital age and undermines the rights of creators and the value of copyright. Millions of individual creators and small and large businesses throughout the United States rely on copyright law to protect their creative efforts and investments in the creation and distribution of new copyrighted works.
It is essential that the copyright industries be able to recoup their investments in creative works to fund the next wave of investment, create and distribute quality content for the public to enjoy, and support the livelihoods of the millions of individuals these industries employ in the United States. Piracy poses a threat to those investments by unjustly enriching bad actors who make no investment and take no risk, at the expense of the creators.
S.B. 332 would place obstacles in the path of our members’ assertion of their rights under federal copyright law by providing a cause of action under state law for individuals targeted by purportedly “bad faith” copyright claims or demand letters. This would interfere with the enforcement of federal copyright laws, in violation of constitutional preemption principles.
Consequently, should S.B. 332 become law, it would likely be struck down by the courts as unconstitutional under principles of conflict preemption. Aside from the constitutional and preemption concerns, the Bill would codify a series of factors for courts to consider in determining whether a copyright claim was made in bad faith. For example, sending a demand letter that does not include the copyright registration numbers of the works allegedly infringed, as well as the specific names and addresses of all copyright owners and assignees, would constitute evidence of “bad faith.” But our members are often dealing with large-scale piracy where it is simply not practicable to list this information exhaustively; nor it is required by the federal Copyright Act. Indeed, deeming what are standard and legitimate practices in copyright enforcement as factors weighing in favor of a finding of “bad faith” would reduce meaningful access to civil remedies for all rightsholders, but especially for individual creators and small businesses that do not have the resources to engage in protracted, expensive, and burdensome litigation.
For the reasons explained above, the Copyright Alliance respectfully opposes the bill and urges the Committee on Commerce and Labor not to advance it. Please do not hesitate to reach out to me you have any questions or would like to discuss further. Thank you for your consideration.
Respectfully Submitted,
Keith Kupferschmid
CEO
Copyright Alliance
1331 F Street, NW, Suite 950
Washington, D.C., 20004
American Association Independent Music
American Photographic Artists
Artists Rights Society
American Society for Collective Rights Licensing
American Society of Media Photographers
The Authors Guild
Digital Media Licensing Association
Entertainment Software Association
Graphic Artists Guild
Motion Picture Association
Music Artists Coalition
National Press Photographers Association
News/Media Alliance
Professional Photographers of America
Recording Industry Association of America
Songwriters Guild of America
The Society of Composers & Lyricists