Lord Lucas Proposes That Copyright Holders Detail Actual Damages From Infringement Under Mandelson Bill
from the smart-man dept
This is a very sensible idea for a variety of reasons. Last year, we wrote about a fascinating paper that points out that, realistically, the only way to reconcile free speech with copyright law is to have copyright holders prove what damages were caused by the infringement. Every other limitation on free speech in the US (defamation, for example) has such a requirement. It makes no sense that copyright makes no such requirement. Now, obviously, the UK is different from the US and not bound by the First Amendment, but it's hard to come up with any compelling reason at all that a copyright holder shouldn't have to prove actual damages before making a claim of copyright infringement.