§ 47-18-408 — Private cause of action for unlawful electronic dissemination of commercial recording or audiovisual work by website or online service

(a) 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 this part may bring a private cause of action to obtain a declaratory judgment that an act or practice violates this part and obtain an injunction against a person who knowingly has violated, is violating, or is otherwise likely to violate this part. As a condition precedent to filing a civil action under this section, the aggrieved party must provide written notice to an individual alleged to be in violation of this part. The written notice must explain that the individual may be in violation of this part and that failure to cure the violation within fourteen (14) days of receipt of the written notice may result in a civil action filed in a court of competent jurisdiction. (b) Upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with this part. (c) The prevailing party in a cause of action under this section is entitled to recover necessary expenses and reasonable attorneys' fees.

Legislative History

Added by 2021 Tenn. Acts, ch. 87,s 3, eff. 7/1/2021.