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.
