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A bill to be entitled

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An act relating to consumer protection; creating s.

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501.155, F.S.; providing a short title; providing

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applicability; providing definitions; requiring owners

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and operators of specified websites and online

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services to disclose certain information; providing

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for injunctive relief; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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Section 1.

Section 501.155, Florida Statutes, is created

to read:
501.155

Electronic dissemination of commercial recordings

or audiovisual works; required disclosures; injunctive relief.—
(1)

SHORT TITLE.—This section may be cited as the "True

Origin of Digital Goods Act."
(2)

APPLICABILITY.—This section is supplemental to those

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provisions of state and federal criminal and civil law which

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impose prohibitions or provide penalties, sanctions, or remedies

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against the same conduct prohibited by this section. This

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section does not:

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(a)

Bar any cause of action or preclude the imposition of

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sanctions or penalties that would otherwise be available under

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state or federal law.

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(b)

Impose liability on providers of an interactive

computer service, communications service as defined in s.
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202.11(1), commercial mobile service, or information service,

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including, but not limited to, an Internet access service

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provider and a hosting service provider, if they provide the

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transmission, storage, or caching of electronic communications

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or messages of others or provide another related

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telecommunications, commercial mobile radio service, or

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information service, for use of such services by another person

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in violation of this section. This exemption from liability is

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consistent with and in addition to any liability exemption

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provided under 47 U.S.C. s. 230.

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(3)

DEFINITIONS.—As used in this section, the term:

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(a)

"Commercial recording or audiovisual work" means a

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recording or audiovisual work whose owner, assignee, authorized

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agent, or licensee has disseminated or intends to disseminate

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such recording or audiovisual work for sale, rental, or for

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performance or exhibition to the public, including under

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license, but does not include an excerpt consisting of less than

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substantially all of a recording or audiovisual work. A

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recording or audiovisual work may be commercial regardless of

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whether a person who electronically disseminates it seeks

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commercial advantage or private financial gain from the

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dissemination. The term does not include video games, depictions

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of video game play, or the streaming of video game activity.
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"Electronic dissemination" means initiating a

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transmission of, making available, or otherwise offering a

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commercial recording or audiovisual work for distribution
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through the Internet or other digital network, regardless of

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whether another person has previously electronically

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disseminated the same commercial recording or audiovisual work.

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(c)

"E-mail address" means an electronic mail address as

defined in s. 668.602.
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"Website" means a set of related web pages served from

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a single web domain. The term does not include a home page or

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channel page for the user account of a person that is not the

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owner or operator of the website upon which such user home page

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or channel page appears.

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(4)

DISCLOSURE OF INFORMATION.—

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(a)

A person who owns or operates a website or online

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service dealing in substantial part in the electronic

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dissemination of commercial recordings or audiovisual works,

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directly or indirectly, to consumers in this state shall clearly

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and conspicuously disclose his or her true and correct name,

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physical address, and telephone number or e-mail address on his

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or her website or online service in a location readily

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accessible to a consumer using or visiting the website or online

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service.

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(b)

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The following locations are deemed readily accessible

for purposes of this subsection:

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1.

A landing or home web page or screen;

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2.

An "about" or "about us" web page or screen;

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3.

A "contact" or "contact us" web page or screen;

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4.

An information web page or screen; or
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5.

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Another place on the website or online service commonly

used to display identifying information to consumers.
(5)

INJUNCTIVE RELIEF.—

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(a)

An owner, assignee, authorized agent, or licensee of a

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commercial recording or audio visual work that is electronically

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disseminated by a website or online service in violation of this

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section may bring a private cause of action to obtain a

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declaratory judgment that an act or practice violates this

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section and enjoin any person who knowingly has violated, is

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violating, or is otherwise likely to violate this section. As a

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condition precedent to filing a civil action under this section,

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the aggrieved party must make reasonable efforts to notify the

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person alleged to be in violation of this section of such

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violation and that failure to cure the violation within 14 days

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may result in a civil action being filed in a court of competent

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jurisdiction.

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(b)

Upon motion of the party instituting the action, the

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court may make appropriate orders to compel compliance with this

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section.

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(c)

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The prevailing party in a cause under this section is

entitled to recover necessary expenses and reasonable attorney
fees.
Section 2.

This act shall take effect July 1, 2015.

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