SB0117112th GA (Historical)Introduced

Amends TCA Title 47.

This bill revises and enacts provisions under the True Origin of Goods Act, as discussed below. Generally, under the Act it is unlawful for any person that owns or operates a website or online service dealing in the electronic dissemination of commercial recordings or audiovisual works, directly or indirectly to fail to clearly and conspicuously disclose their true and correct name, physical address, and telephone number on their website or online service in a location readily accessible to users of, or visitors to, the website or online service. Present law provides that a violation of the Act is considered a violation of the Tennessee Consumer Protection Act, a violation of which is a Class B misdemeanor and subjects the violator to certain civil penalties. This bill removes the application of the criminal penalty for a violation of the True Origin of Goods Act. This bill adds that an owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a website or online service in violation of the Act may bring a private cause of action to obtain a declaratory judgment that an act or practice violates the Act and obtain an injunction against a person who knowingly has violated, is violating, or is otherwise likely to violate the Act. As a condition precedent to filing such a civil action, the aggrieved party must provide written notice to an individual alleged to be in violation of the Act. The written notice must explain that the individual may be in violation of the Act and that failure to cure the violation within 14 days of receipt of the written notice may result in a civil action filed in a court of competent jurisdiction. This bill provides that upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with the Act. The prevailing party in the cause of action will be entitled to recover necessary expenses and reasonable attorneys' fees. Present law defines "electronic dissemination” as initiating a transmission of, making available, or otherwise offering, a commercial recording or audiovisual work for distribution on the internet or other digital network, regardless of whether someone else had previously electronically disseminated the same commercial recording or audiovisual work. This bill redefines the term to include initiating a transmission of, making available, or otherwise offering such a work for "display or performance" (in addition to distribution).

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Overview

This bill revises and enacts provisions under the True Origin of Goods Act, as discussed below. Generally, under the Act it is unlawful for any person that owns or operates a website or online service dealing in the electronic dissemination of commercial recordings or audiovisual works, directly or indirectly to fail to clearly and conspicuously disclose their true and correct name, physical address, and telephone number on their website or online service in a location readily accessible to users of, or visitors to, the website or online service. Present law provides that a violation of the Act is considered a violation of the Tennessee Consumer Protection Act, a violation of which is a Class B misdemeanor and subjects the violator to certain civil penalties. This bill removes the application of the criminal penalty for a violation of the True Origin of Goods Act. This bill adds that an owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a website or online service in violation of the Act may bring a private cause of action to obtain a declaratory judgment that an act or practice violates the Act and obtain an injunction against a person who knowingly has violated, is violating, or is otherwise likely to violate the Act. As a condition precedent to filing such a civil action, the aggrieved party must provide written notice to an individual alleged to be in violation of the Act. The written notice must explain that the individual may be in violation of the Act and that failure to cure the violation within 14 days of receipt of the written notice may result in a civil action filed in a court of competent jurisdiction. This bill provides that upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with the Act. The prevailing party in the cause of action will be entitled to recover necessary expenses and reasonable attorneys' fees. Present law defines "electronic dissemination” as initiating a transmission of, making available, or otherwise offering, a commercial recording or audiovisual work for distribution on the internet or other digital network, regardless of whether someone else had previously electronically disseminated the same commercial recording or audiovisual work. This bill redefines the term to include initiating a transmission of, making available, or otherwise offering such a work for "display or performance" (in addition to distribution).

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 12, 2021

Subjects
1010

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SB0117: Amends TCA Title 47. | LegisGo