Currently chuntering through committee the House Of Lords, the Digital Economy Bill has attracted nearly 300 amendments of varying quality. Most notably is an attempt to value infringement:
[One of Lord Lucas'] proposal would validate the belief of some record labels and movie studios that one illegally downloaded song or film amounts to one lost sale. Amendment 105 states that the process by which copyright holders would alert ISPs to alleged piracy should “value ... an infringement on the basis of the benefit that would have accrued to the owner had the copyright material been legally acquired from an ordinary internet retailer”.
Given that it's virtually impossible to prove that something you've uploaded has been downloaded at all, this kind of implies - should the ammendment stand and the bill pass - that record labels will find themselves chasing the odd 79pence here and there.
There's more, though:
—Illegal downloads of as-yet-unreleased material (ie. leaked albums or films) would be subject to a 10x valuation.
—A zero valuation must be used if the material has been illegally downloaded in a format the copyright holder has not made available legally
That's quite a radical proposal: the idea that simply by using a different format, the cost of the losses would be reduced to zero is fascinating. You could argue, though, these clauses cancel each other out - has an unreleased album (ten times valuation) actually been made available in any format? (zero times valuation).