USA – FLORIDA Trends and Developments Contributed by: Patricia M Flanagan, Camila Chediak, Brian J Paul and Jodi-Ann Tillman, Shutts & Bowen LLP
alleging infringing content was accessible in Florida, but also that it was actually accessed by people in the state. See Internet Solutions Corp. v Marshall , 39 So.3d 1201, 1203 (Fla. 2010). This ruling serves as a reminder for Florida creators, businesses, and rights holders that jurisdictional rules can be just as outcome-determinative as the merits of a copyright claim. The case arose from Florida music label World Media Alliance Label, Inc.’s (WMA) attempt to sue a foreign digital distributor, Believe SAS (“Believe”), for allegedly making copyrighted recordings available on YouTube without authorisation. In its ruling, the Eleventh Circuit affirmed the ruling from the US District Court for the Southern District of Florida dismissing WMA’s com - plaint for lack of personal jurisdiction because WMA had failed to allege that there was specific or gen - eral jurisdiction over Believe under Florida’s long-arm statute. The district court’s ruling came despite WMA owning US copyrights registrations for the asserted works and being based in Florida. At the centre of the Eleventh Circuit’s analysis was Florida’s long-arm statute, Fla. Stat. §48.193, and how it applies to online torts, including copyright infringe - ment. Florida law allows courts to exercise jurisdiction over non-residents who commit a “tortious act” in the state (F.S. §48.193 (1)(a)(2)), but the Eleventh Circuit emphasised that online accessibility alone does not satisfy this requirement. Instead, plaintiffs are required to demonstrate, at a minimum, that any material at issue was both accessible in Florida and actually accessed by people in the state. This requirement flows from Internet Solutions Corp ., where the Florida Supreme Court addressed wheth - er a non-resident’s allegedly defamatory posts on a website subjected her to personal jurisdiction under Florida’s long-arm statute. In its ruling, the court held that to assert jurisdiction, the party suing for defama - tion had to make prima facie showing that the alleg - edly defamatory material posted on a website about
a Florida resident was not only accessible in Florida, but also accessedin Florida in order to constitute the commission of the tortious act of defamation within Florida under the long-arm statute. The Eleventh Cir - cuit extended this logic to copyright claims, making clear that copyright plaintiffs face the same burden of establishing that not only was the allegedly infringing content accessible in Florida but that the allegedly infringing content actually was accessed by people in Florida. For Florida litigants, the Eleventh Circuit’s decision provides immediate practical considerations. Copy - right owners pursuing online infringement claims must now think carefully about what jurisdictional facts they can plausibly allege at the outset of a case. Complaints should, at a minimum, include facts demonstrating that Florida users actually accessed or streamed the infringing content, rather than relying on generalised assertions about online availability. Ultimately, the ruling highlights the growing impor - tance of pre-litigation planning for Florida businesses in the creative and digital sectors. Contractual protec - tions such as forum-selection clauses and jurisdic - tion consent provisions may offer a more reliable path to Florida courts than post-hoc reliance on Florida’s long-arm statute. Without such safeguards, plaintiffs may find themselves forced to litigate abroad or in less Understanding the interplay between Florida’s rights of publicity, trade mark, and copyright is crucial for addressing AI-driven deepfakes, false endorsements, and cross-border IP disputes. The Eleventh Circuit’s Jekyll Island decision broadens jurisdiction over for - eign IP holding companies, and the NO FAKES Act could provide a uniform federal framework for AI- related digital replicas. Legal practitioners should stay informed on these developments to align enforcement and remedies with the evolving IP landscape. convenient and unfamiliar forums. Conclusion and key takeaways
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