O.C.G.A.

O.C.G.A. § 10-1-933 (2019)

Civil actions authorized; compliance; recovery of expenses

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a website or online service in violation of this article may bring a private cause of action to obtain a declaratory judgment that an act or practice violates this article and to obtain an injunction against any person who knowingly has violated, is violating, or is otherwise likely to violate this article. As a condition precedent to filing a civil action under this article, the aggrieved party must make reasonable efforts to place any person alleged to be in violation of this article on notice that such person may be in violation of this article and that failure to cure within 14 days may result in a civil action filed in a court of competent jurisdiction.

(b) Upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with this article.

SELLING/OTHER TRADE PRACTICES

(c) The prevailing party in a cause under this article is entitled to recover necessary expenses and reasonable attorney’s fees.

History

Code 1981, § 10-1-933, enacted by Ga. L. 2022, p. 203, § 2/HB 508; Ga. L. 2024, p. 1052, § 2(37)/SB 448, effective July 1, 2024.

Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, substituted “attorney’s” for “attorney” in subsection (c).