10-1-933. Civil actions authorized; compliance; recovery of expenses.

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.#

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

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