Bill

Bill > A4588


NJ A4588

Requires Internet websites which deal in electronic dissemination of music or audiovisual works to disclose certain information.


summary

Introduced
06/17/2024
In Committee
06/17/2024
Crossed Over
Passed
Dead

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill requires Internet websites which deal in the electronic dissemination of music or audiovisual works to disclose certain information. Under the provisions of this bill, a person who owns or operates an Internet website or online service dealing in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual works, directly or indirectly, and who electronically disseminates the material to consumers in this State is required to clearly and conspicuously disclose the person's correct name, physical address, telephone number, and email address in a location readily accessible to a consumer using or visiting the Internet website or online service. The bill provides that an owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by an Internet website or online service in violation of the provisions of this bill may bring a private cause of action against a violator to obtain a declaratory judgment and injunctive relief. However, before filing an action under this section, the aggrieved party is required to make reasonable efforts to provide notice to the person alleged to be in violation of this bill in order to allow the alleged violator 14 days to cure the violation. If the alleged violator has failed to cure the violation within 14 days of receiving notice, the aggrieved party may institute a civil action in the Superior Court for relief pursuant to the provisions of this bill. The prevailing party is entitled to recover necessary expenses incurred in an action under this section, including reasonable attorney's fees. A violation of the bill's provisions constitute an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.). An unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.

AI Summary

This bill requires Internet websites which deal in the electronic dissemination of music or audiovisual works to clearly and conspicuously disclose certain information about the website owner or operator, such as their name, address, phone number, and email address. The bill provides a private right of action for owners, assignees, or licensees of the disseminated works to seek declaratory and injunctive relief if the website violates the disclosure requirements, after providing the alleged violator with 14 days' notice to cure the violation. The bill also specifies that violations constitute an unlawful practice under the New Jersey Consumer Fraud Act, subject to penalties and other enforcement actions.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

Introduced, Referred to Assembly Science, Innovation and Technology Committee (on 06/17/2024)

bill text


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