367.634 Cause of action -- Notice.
177 words·~1 min read·
/ky/chapter-367/367-634A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)An owner, assignee, authorized agent, or exclusive licensee of a commercial
recording or audiovisual work electronically disseminated by a Web site or online
service in violation of KRS 367.632 may bring a private cause of action to obtain a
declaratory judgment that an act or practice violates KRS 367.632 and obtain an
injunction against any person who knowingly has violated, is violating, or is
otherwise likely to violate that section. As a condition precedent to filing a civil
action under KRS 367.630 to 367.638, the aggrieved party must make reasonable
efforts to place an individual alleged to be in violation of KRS 367.632 on notice of
the alleged violation and that failure to cure within fourteen
(14)business days may
result in a civil action filed in a court of competent jurisdiction.
(2)Upon motion of the party instituting the action, the court may make appropriate
orders to compel compliance with KRS 367.632.
(3)The prevailing party in a cause under subsection
(1)of this section is entitled to
recover necessary expenses and reasonable attorney's fees.