Louisiana Revised Statutes 51:3234 – Actions for injunctive relief; orders to compel compliance
Terms Used In Louisiana Revised Statutes 51:3234
- Commercial recording or audiovisual work: means a recording or audiovisual work whose owner, assignee, authorized agent, or licensee has disseminated or intends to disseminate for sale, rental, performance, or exhibition to the public, including under license, but does not include an excerpt consisting of less than substantially all of a recording or audiovisual work. See Louisiana Revised Statutes 51:3232
- 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.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Website: means a set of related webpages served from a single web domain. See Louisiana Revised Statutes 51:3232
A. An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by the website or online service in violation of this Chapter may bring a proceeding against a person who violates or threatens to violate the provisions of this Chapter to obtain the following:
(1) A declaratory judgment that an act or practice violates this Chapter.
(2) Permanent or temporary injunctive relief.
B. Before filing an action under this Section, the aggrieved party shall make reasonable efforts to provide notice to the person alleged to be in violation of the provisions of this Chapter, and the notice shall be in writing and shall state the following:
(1) The person may be in violation of the provisions of this Chapter.
(2) A failure to cure the violation within fourteen days may result in an action being filed against the person pursuant to this Chapter.
C. After the fourteenth day of properly providing notice in accordance with Subsection B of this Section, if the person continues to violate the provisions of this Chapter, the aggrieved party may bring an action pursuant to this Section in a court of competent jurisdiction.
D. On motion of the party initiating the cause of action, the court may make appropriate orders to compel compliance with this Chapter.
Acts 2022, No. 267, §1.