Until now, the state of Florida did not regulate commercial recordings or audiovisual works, including their dissemination over the Internet or otherwise.
Effective July 1, 2015, however, the state’s True Origin of Digital Goods Act requires owners or operators of websites or digital networks that disseminate commercial recordings or audiovisual works to Florida consumers to clearly post on the website or network, and make readily accessible to a consumer using or visiting the website or network, the true name of the operator or owner of the website or network, the physical address, and the telephone number or email address.
The Act seeks to assist copyright owners in protecting their rights against anonymous copyright infringers on the Internet by providing remedies intended to supplement other state and federal criminal and civil law provisions. Among other remedies available under the Act, parties may seek injunctive relief and, in certain circumstances, obtain necessary expenses and reasonable attorney’s fees.
The Act’s reach stretches beyond protection of federally copyrighted material, and extends to all “commercial recordings or audiovisual works,” which are defined broadly.
As a result, owners and operators of websites or other digital networks that disseminate recordings or works of any kind should take care to determine whether the website or network’s activities come within the purview of the Act and, if so, to establish its compliance with the Act’s requirements.
If you have any questions concerning the Act, its applicability to your business, or otherwise, please contact Gunster technology and emerging companies attorneys Stephanie Quiñones, David Bates or Bob White.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
About Gunster
Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 13 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its clients’ stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Boca Raton, Fort Lauderdale, Jacksonville, Miami, Naples, Orlando, Palm Beach, Stuart, Tallahassee, Tampa Bayshore, Tampa Downtown, Vero Beach, and its headquarters in West Palm Beach. With more than 280 attorneys and consultants, and over 290 committed professional staff, Gunster is ranked among the National Law Journal’s list of the 500 largest law firms and has been recognized as one of the Top 100 Diverse Law Firms by Law360. More information about its practice areas, offices and insider’s view newsletters is available at www.gunster.com.
