Section 66451 Of Chapter 6.5. Unauthorized Recording, Dissemination, And Publication Of Academic Presentations For Commercial Purposes From California Education Code >> Division 5. >> Title 3. >> Part 40. >> Chapter 6.5.
66451
. (a) Any court of competent jurisdiction may grant relief
that it finds necessary to enforce this chapter, including the
issuance of an injunction. Any person injured by a violation of this
chapter, in addition to actual damages, may recover court costs,
attorney's fees, and a civil penalty from any person who is not a
student enrolled in the institution at which the instructor of record
makes his or her academic presentation and who seeks to obtain
financial or economic gain through the unauthorized dissemination of
the academic presentation. The amount of the civil penalty shall not
exceed one thousand dollars ($1,000) for the first offense, five
thousand dollars ($5,000) for the second offense, and for any
subsequent offense, a penalty of not less than ten thousand dollars
($10,000) or more than twenty-five thousand dollars ($25,000).
(b) Actions for any relief pursuant to this chapter may be
prosecuted in a court of competent jurisdiction by the Attorney
General or any district attorney or by any county counsel authorized
by agreement with the district attorney in actions involving
violation of a county ordinance, or any city attorney of a city, or
city and county, having a population in excess of 750,000, and, with
the consent of the district attorney, by a city prosecutor in any
city having a full-time city prosecutor or, with the consent of the
district attorney, by a city attorney in any city, or city and
county, in the name of the people of the State of California upon
their own complaint or upon the complaint of any board, officer,
person, corporation, or association or by any person acting for the
interests of itself, its members, or the general public.
(c) It does not constitute a violation of this chapter for a
business, agency, or person solely to provide access or connection to
or from a facility, system, or network over which that business,
agency, or person has no control, including related capabilities that
are incidental to providing access or connection. This subdivision
does not apply to a business or agency that is owned by, or to a
business, agency, or person that is controlled by, or a conspirator
with, a business, agency, or person actively involved in the
creation, editing, or knowing distribution of a contemporaneous
recording that violates this chapter.