---
title: "Advise on relief from a groundless threat of copyright infringement proceedings"
url: "https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/advise-on-relief-from-a-groundless-threat-of-copyright-infringement-proc"
type: "task"
site: "AI Law Framework"
id: "A23-LA20261022-10"
practice_area: "Intellectual Property — Patents, Trade Marks, Copyright, Designs"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Advise on relief from a groundless threat of copyright infringement proceedings

> 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…

Canonical page: https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/advise-on-relief-from-a-groundless-threat-of-copyright-infringement-proc  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Confirm whether the communication is only a notification that copyright exists. Section 202(2) says that is not a threat.
2. If the sender is a barrister or solicitor, confirm section 202(3) is addressed.
3. Confirm a possible counterclaim under section 202(4) is on the lawyer's list.
4. Confirm the tool has not expressed a view on infringement.

## Notes

- 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.

## Sources

- [Copyright Act 1968 (Cth) s 202](https://classic.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s202.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/advise-on-relief-from-a-groundless-threat-of-copyright-infringement-proc/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*