Kentucky Statutes 365.784 – Powers of Attorney General or county attorney — Civil penalty — Remedies
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(1) The Attorney General or county attorney may bring a civil action for temporary or permanent injunctive relief against a person, if the Attorney General or county attorney has reason to believe a person is advertising, conducting, or intends to advertise or conduct a live musical performance or production in violation of KRS
365.782
(2) A person who violates KRS § 365.782 shall be assessed a civil penalty of not less than two thousand dollars ($2,000) or more than fifteen thousand dollars ($15,000) per violation. Each performance or production in violation of KRS § 365.782 constitutes a separate violation.
(3) The civil penalty provided by subsection (2) of this section is in addition to injunctive relief and any other remedy that may be available.
(4) Any party, or assignee, authorized agent, or licensee of that party, who is injured as a result of a person’s violation of KRS § 365.782 may bring a civil action for compensable damages and equitable relief, including injunctive relief, and for treble damages, reasonable attorney’s fees, filing fees, and costs for the injured party.
(5) Each performance or production in violation of KRS § 365.782 constitutes a separate violation.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 52, sec. 8, effective July 14, 2022.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 52, sec. 9, provides that the Act, which created KRS § 367.630 to KRS § 367.638 and 365.780 to
365.784, may be cited as the Kentucky True Origin of Digital Goods and Truth in
Musical Advertising Act.
365.782
Terms Used In Kentucky Statutes 365.784
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(2) A person who violates KRS § 365.782 shall be assessed a civil penalty of not less than two thousand dollars ($2,000) or more than fifteen thousand dollars ($15,000) per violation. Each performance or production in violation of KRS § 365.782 constitutes a separate violation.
(3) The civil penalty provided by subsection (2) of this section is in addition to injunctive relief and any other remedy that may be available.
(4) Any party, or assignee, authorized agent, or licensee of that party, who is injured as a result of a person’s violation of KRS § 365.782 may bring a civil action for compensable damages and equitable relief, including injunctive relief, and for treble damages, reasonable attorney’s fees, filing fees, and costs for the injured party.
(5) Each performance or production in violation of KRS § 365.782 constitutes a separate violation.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 52, sec. 8, effective July 14, 2022.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 52, sec. 9, provides that the Act, which created KRS § 367.630 to KRS § 367.638 and 365.780 to
365.784, may be cited as the Kentucky True Origin of Digital Goods and Truth in
Musical Advertising Act.