The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SB 305 Engrossed 2022 Regular Session Foil
Proposed law creates the " Louisiana True Origin of Digital Goods Act".
Proposed law defines the following:
(1)"Commercial recording or audiovisual work" means a recording or audiovisual work whose
owner, assignee, authorized agent, or licensee has disseminated or intends to disseminate that
recording or audiovisual work for sale, rental, performance or exhibition to the public,
including under license, but does not include an excerpt consisting of less than substantially
all of a recording or audiovisual work. A recording or audiovisual work may be commercial
regardless of whether a person who electronically disseminates it seeks commercial
advantage or private financial gain from the dissemination.
(2)"Electronic dissemination" means initiating a transmission of, making available, or otherwise
offering a commercial recording or audiovisual work for distribution, display or performance
through the internet or other digital network, regardless of whether another person has
previously electronically disseminated the same commercial recording or audiovisual work.
(3)"Website" means a set of related webpages served from a single domain. The term does not
include a home page or channel page for the user account of a person who is not the owner
or operator of the website upon which such user home page or channel page appears.
Proposed law provides that a person who owns or operates a website or online service that deals with
electronic dissemination commercial recordings or audiovisual works, directly or indirectly, to
consumers in this state shall clearly disclose his name, address, telephone number, and email on his
website in a location readily accessible to the consumer.
Proposed law provides that an owner, assignee, authorized agent, or exclusive licensee of a
commercial recording or audiovisual work may bring a private action against a person who violates
proposed law.
Proposed law provides for the procedures the aggrieved party must take to file a cause of action.
Proposed law provides that proposed law is supplemental to state and federal law and does not bar
any cause of action or preclude the imposition of sanctions or penalties that would otherwise be
available under state or federal law.
Proposed law provides that financial liabilities will not be imposed on certain providers in violation
of proposed law. Proposed law provides that any violation of proposed law is subject to actions, including public or
private actions, remedies, and penalties provided for in the Unfair Trade Practices and Consumer
Protection Law.
Effective August 1, 2022.
(Adds R.S. 51:3221-3227)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Makes technical changes.
2. Authorizes an exclusive licensee to bring a private cause of action against a person
who violates the La. True Origins of Digital Goods Act.
3. Provides that a violator of the La. True Origins of Digital Goods Act be subject to
actions, including public and private actions, and remedies as provided in the Unfair
Trade Practices Law.