RDCSB305 3999 4048
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
SB 305 Reengrossed 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
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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.
Senate Floor Amendments to engrossed bill
1. Technical amendment.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
reengrossed bill:
1. Make technical changes.
2. Remove provision authorizing recovery of necessary expenses and reasonable
attorney fees.
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