HASBSB305 TYLERT 3847
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 305 2022 Regular Session Foil
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
CONSUMER PROTECTION. Provides for disclosure of certain information on
websites and online services. (8/1/22)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Removes provision authorizing recovery of necessary expenses and
reasonable attorney fees.
2. Makes technical changes.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
DIGEST
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. HASBSB305 TYLERT 3847
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)
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Thomas L. Tyler
Senate Counsel