(1) An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a Web site or online service in violation of KRS § 367.632 may bring a private cause of action to obtain a declaratory judgment that an act or practice violates KRS § 367.632 and obtain an injunction against any person who knowingly has violated, is violating, or is otherwise likely to violate that section. As a condition precedent to filing a civil action under KRS § 367.630 to KRS § 367.638, the aggrieved party must make reasonable efforts to place an individual alleged to be in violation of KRS § 367.632 on notice of the alleged violation and that failure to cure within fourteen (14) business days may result in a civil action filed in a court of competent jurisdiction.
(2) Upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with KRS § 367.632.

Terms Used In Kentucky Statutes 367.634

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Violate: includes failure to comply with. See Kentucky Statutes 446.010

(3) The prevailing party in a cause under subsection (1) of this section is entitled to recover necessary expenses and reasonable attorney‘s fees.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 52, sec. 3, effective July 14, 2022.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 52, sec. 9, provides that the Act, which created KRS § 367.630 to KRS § 367.638 and 365.780 to
365.784, may be cited as the Kentucky True Origin of Digital Goods and Truth in
Musical Advertising Act.