Kentucky Statutes 367.634 – Cause of action — Notice
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(1) An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a Web site or online service in violation of KRS § 367.632 may bring a private cause of action to obtain a declaratory judgment that an act or practice violates KRS § 367.632 and obtain an injunction against any person who knowingly has violated, is violating, or is otherwise likely to violate that section. As a condition precedent to filing a civil action under KRS § 367.630 to KRS § 367.638, the aggrieved party must make reasonable efforts to place an individual alleged to be in violation of KRS § 367.632 on notice of the alleged violation and that failure to cure within fourteen (14) business days may result in a civil action filed in a court of competent jurisdiction.
(2) Upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with KRS § 367.632.
(3) The prevailing party in a cause under subsection (1) of this section is entitled to recover necessary expenses and reasonable attorney‘s fees.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 52, sec. 3, 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.
(2) Upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with KRS § 367.632.
Terms Used In Kentucky Statutes 367.634
- 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
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Violate: includes failure to comply with. See Kentucky Statutes 446.010
(3) The prevailing party in a cause under subsection (1) of this section is entitled to recover necessary expenses and reasonable attorney‘s fees.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 52, sec. 3, 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.