Advise on relief from a groundless threat of copyright infringement proceedings
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the threat, record who made it, the work it names, whether it only notifies the existence of copyright, the acts that are threatened, and whether the sender is a barrister or solicitor acting in a professional capacity. List which of a declaration, an injunction and damages is sought. Do not draft the claim and do not express a view on infringement.
- What the lawyer must review
- The lawyer decides whether section 202 of the Copyright Act 1968 applies, including the limit in section 202(2) for a mere notification, the immunity in section 202(3), and the counterclaim in section 202(4). The lawyer writes the advice and any pleading.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the threat, record who made it, the work it names, whether it only notifies the existence of copyright, the acts that are threatened, and whether the sender is a barrister or solicitor acting in a professional capacity. List which of a declaration, an injunction and damages is sought. Do not draft the claim and do not express a view on infringement. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm whether the communication is only a notification that copyright exists. Section 202(2) says that is not a threat.
- If the sender is a barrister or solicitor, confirm section 202(3) is addressed.
- Confirm a possible counterclaim under section 202(4) is on the lawyer's list.
- Confirm the tool has not expressed a view on infringement.
Sources
- Copyright Act 1968 (Cth) s 202 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.