Copyfraud (Wikipedia):

Copyfraud is a term used by Jason Mazzone, an Associate Professor of Law at Brooklyn Law School, to describe the use of false claims of copyright to attempt to control works not under one’s legal control.

Mazzone argues that copyfraud is usually successful because there are few and weak laws criminalizing false statements about copyrights and lax enforcement of such laws and because few people are competent enough to give legal advice on the copyright status of commandeered material.

As I have discovered in my legal battle with MTA Mazzone is absolutely correct. the US currently has little law against fraudulent copyright claims whatsoever.

From what I understand from my IP Counsel, the UK is much different. In the UK, filing false copyright claims immediately gives the defendant right to sue for damages and legal fees fighting such claims.

In the US, this is not the case. Organizations such as MTA are free as a bird to literally poster small businesses with false copyright claims without penalty.

In some cases, as in Apple’s removal of an app from the App Store based on copyfraud claims, a case of tortious interference may come into play where the developer can sue the claimant for damages and legal fees.

Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiff’s contractual or other business relationships.

I would like to call on readers interested in the creation of specific legislation against copyfraud to contact their congressional representative, and forward them this blog post, identifying it as an issue you would like to see addressed in congress.

Update: I have contacted Representative Jim Himes office with this information, and look forward to his response.