South Carolina § 39-77-40 - Private cause of action to obtain declaratory judgment; attorney's fees and expenses.

§ 39-77-40. Private cause of action to obtain declaratory judgment; attorney's fees and expenses.

(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 chapter may bring a private cause of action to obtain a declaratory judgment that an act or practice violates this chapter and obtain an injunction against any person who knowingly has violated, is violating, or is otherwise likely to violate this chapter. As a condition precedent to filing a civil action under this chapter, the aggrieved party shall make reasonable efforts to place an individual alleged to be in violation of this chapter on notice that the individual may be in violation of this chapter and that failure to cure within fourteen 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 chapter.

(C) The prevailing party in a cause under this chapter is entitled to recover necessary expenses and reasonable attorney's fees.

HISTORY: 2022 Act No. 146 (H.3859), SECTION 1, eff April 25, 2022.