ENROLLED 2015 Legislature CS for SB 604, 1st Engrossed 2015604er 1 2 An act relating to consumer protection; creating s. 3 501.155, F.S.; providing a short title; providing 4 applicability; providing definitions; requiring owners 5 and operators of specified websites and online 6 services to disclose certain information; providing 7 for injunctive relief; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 501.155, Florida Statutes, is created to 12 read: 13 501.155 Electronic dissemination of commercial recordings 14 or audiovisual works; required disclosures; injunctive relief.— 15 (1) SHORT TITLE.—This section may be cited as the “True 16 Origin of Digital Goods Act.” 17 (2) APPLICABILITY.—This section is supplemental to those 18 provisions of state and federal criminal and civil law which 19 impose prohibitions or provide penalties, sanctions, or remedies 20 against the same conduct prohibited by this section. This 21 section does not: 22 (a) Bar any cause of action or preclude the imposition of 23 sanctions or penalties that would otherwise be available under 24 state or federal law. 25 (b) Impose liability on providers of an interactive 26 computer service, communications service as defined in s. 27 202.11(1), commercial mobile service, or information service, 28 including, but not limited to, an Internet access service 29 provider, advertising network or exchange, domain name 30 registration provider, and a hosting service provider, if they 31 provide the transmission, storage, or caching of electronic 32 communications or messages of others or provide another related 33 telecommunications service, commercial mobile radio service, or 34 information service, for use of such services by another person 35 in violation of this section. This exemption from liability is 36 consistent with and in addition to any liability exemption 37 provided under 47 U.S.C. s. 230. 38 (3) DEFINITIONS.—As used in this section, the term: 39 (a) “Commercial recording or audiovisual work” means a 40 recording or audiovisual work whose owner, assignee, authorized 41 agent, or licensee has disseminated or intends to disseminate 42 such recording or audiovisual work for sale, for rental, or for 43 performance or exhibition to the public, including under 44 license, but does not include an excerpt consisting of less than 45 substantially all of a recording or audiovisual work. A 46 recording or audiovisual work may be commercial regardless of 47 whether a person who electronically disseminates it seeks 48 commercial advantage or private financial gain from the 49 dissemination. The term does not include video games, depictions 50 of video game play, or the streaming of video game activity. 51 (b) “Electronic dissemination” means initiating a 52 transmission of, making available, or otherwise offering a 53 commercial recording or audiovisual work for distribution 54 through the Internet or other digital network, regardless of 55 whether another person has previously electronically 56 disseminated the same commercial recording or audiovisual work. 57 (c) “E-mail address” means an electronic mail address as 58 defined in s. 668.602. 59 (d) “Website” means a set of related web pages served from 60 a single web domain. The term does not include a home page or 61 channel page for the user account of a person who is not the 62 owner or operator of the website upon which such user home page 63 or channel page appears. 64 (4) DISCLOSURE OF INFORMATION.— 65 (a) A person who owns or operates a website or online 66 service dealing in substantial part in the electronic 67 dissemination of third-party commercial recordings or 68 audiovisual works, directly or indirectly, and who 69 electronically disseminates such works to consumers in this 70 state shall clearly and conspicuously disclose his or her true 71 and correct name, physical address, and telephone number or e 72 mail address on his or her website or online service in a 73 location readily accessible to a consumer using or visiting the 74 website or online service. 75 (b) The following locations are deemed readily accessible 76 for purposes of this subsection: 77 1. A landing or home web page or screen; 78 2. An “about” or “about us” web page or screen; 79 3. A “contact” or “contact us” web page or screen; 80 4. An information web page or screen; or 81 5. Another place on the website or online service commonly 82 used to display identifying information to consumers. 83 (5) INJUNCTIVE RELIEF.— 84 (a) An owner, assignee, authorized agent, or licensee of a 85 commercial recording or audio visual work electronically 86 disseminated by a website or online service in violation of this 87 section may bring a private cause of action to obtain a 88 declaratory judgment that an act or practice violates this 89 section and enjoin any person who knowingly has violated, is 90 violating, or is otherwise likely to violate this section. As a 91 condition precedent to filing a civil action under this section, 92 the aggrieved party must make reasonable efforts to place an 93 individual alleged to be in violation of this section on notice 94 that the individual may be in violation of this section and that 95 failure to cure within 14 days may result in a civil action 96 filed in a court of competent jurisdiction. 97 (b) Upon motion of the party instituting the action, the 98 court may make appropriate orders to compel compliance with this 99 section. 100 (c) The prevailing party in a cause under this section is 101 entitled to recover necessary expenses and reasonable attorney 102 fees. 103 Section 2. This act shall take effect July 1, 2015.