(a) Civil actions to enjoin violations of this chapter may be prosecuted in circuit court by the attorney general, the office of consumer protection, any county prosecuting attorney, or any person acting in the person’s own interest, or in the interest of the members of a corporation or association, or in the interest of the general public.

Terms Used In Hawaii Revised Statutes 481F-8

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • print: means any print produced in more than one copy by means of engraving, etching, woodcutting, lithography, serigraphy, or other similar processes or any combination thereof. See Hawaii Revised Statutes 481F-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • seller: means a person who is in the business of selling, exclusively or nonexclusively, print multiples, or a person offering prints for sale who by the person's occupation holds the person's self out as having knowledge or skill peculiar to these works, or to whom that knowledge or skill may be attributed by the employment of an agent or other intermediary who by occupation represents as having that knowledge or skill. See Hawaii Revised Statutes 481F-1
  • seller of print multiples: includes an auctioneer who sells such works at public auction. See Hawaii Revised Statutes 481F-1
(b) Any seller of print multiples who violates section damages by purchasers” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>481F-7(a) may be liable for a civil penalty of not less than $500 nor more than $2,500 for each violation, or any seller of print multiples who violates section 481F-7(b) may be liable for a civil penalty of not less than $500 nor more than $10,000 for each violation, which may be recovered in a civil action prosecuted by the attorney general, the office of consumer protection, or any county prosecuting attorney.
(c) In civil actions brought under this section by the attorney general, the office of consumer protection, or any county prosecuting attorney, the court may include in its orders or judgments such provisions as may be necessary to effect restitution in accordance with § 487-14.
(d) Any action to enforce a cause of action arising under this chapter shall be barred unless commenced within one year after discovery of the violation upon which it is based and in no event more than three years after the print was sold.

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