(1) A proprietor may bring an action in a court of competent jurisdiction or assert a counterclaim against a copyright owner or performing rights society to enjoin a violation of this article and recover any damages sustained as a result of such violation.
The prevailing party in any action brought under this article 13 shall be awardedreasonable attorney fees. If the prevailing party is a proprietor, the proprietor may also recover the reasonable costs of the action and treble damages, but in no event shall the proprietor be awarded less than two thousand dollars.
A proprietor shall not bring a counterclaim against any party except the original complainant, and if such complainant is a performing rights society, a counterclaim shall not be brought against any copyright owner in his or her individual capacity.
Source: L. 95: Entire article added, p. 1266, § 1, effective July 1. L. 2017: (2) amended, (HB 17-1092), ch. 78, p. 246, § 3, effective August 9.