Bill Text: TX HB3836 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the electronic dissemination of commercial recordings or audiovisual works.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-13 - Left pending in committee [HB3836 Detail]

Download: Texas-2021-HB3836-Introduced.html
 
 
  By: Hunter H.B. No. 3836
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the electronic dissemination of commercial recordings
  or audiovisual works.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 14, Business & Commerce Code, is amended by
  adding Chapter 642 to read as follows:
  CHAPTER 642. ELECTRONIC DISSEMINATION OF COMMERCIAL RECORDINGS OR
  AUDIOVISUAL WORKS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 642.001.  DEFINITIONS. In this chapter:
               (1)  "Electronic dissemination" means initiating a
  transmission of, making available, or otherwise offering a
  recording or audiovisual work for distribution, display, or
  performance through the Internet or other digital network.
               (2)  "Recording or audiovisual work" means a recording
  or audiovisual work that consists of substantially all of the
  recording or work. The term does not include a recording or
  audiovisual work that is only a short extract from the recording or
  work.
               (3)  "Website" means a set of related web pages served
  from a single web domain. The term does not include a home page or
  channel page for the user account of a person who is not the owner or
  operator of the website on which the user home page or channel page
  appears.
         Sec. 642.002.  APPLICABILITY. This chapter does not impose
  liability on providers of an interactive computer service,
  communications service, commercial mobile service, or information
  service, including, but not limited to, an Internet access service
  provider, advertising network or exchange, domain name
  registration provider, and a hosting service provider, if they
  provide the transmission, storage, or caching of electronic
  communications or messages of others or provide another related
  telecommunications service, commercial mobile radio service, or
  information service, for use of such services by another person in
  violation of this section.
         Sec. 642.003.  COMMERCIAL RECORDING OR AUDIOVISUAL WORK.
  For purposes of this chapter, a recording or audiovisual work is
  considered to be a commercial recording or audiovisual work if the
  owner, assignee, authorized agent, or licensee of the recording or
  work disseminates or intends to disseminate the recording or work
  for sale, rental, or performance or exhibition to the public,
  including under license, regardless of whether the person who
  disseminates the recording or work seeks commercial advantage or
  private financial gain from the dissemination.
  SUBCHAPTER B. REQUIRED DISCLOSURES
         Sec. 642.051.  DISCLOSURE OF CERTAIN INFORMATION REQUIRED.
  (a) An owner or operator of a website or online service that deals
  in substantial part in the electronic dissemination of third-party
  commercial recordings or audiovisual works, directly or
  indirectly, and that electronically disseminates those recordings
  or works to consumers in this state shall clearly and conspicuously
  disclose on the website or online service in a location that is
  readily accessible to a consumer using or visiting the website or
  online service, the owner or operator's true and correct:
               (1)  name;
               (2)  physical address;
               (3)  telephone number; and
               (4)  e-mail address.
         (b)  For purposes of this section, a location is considered
  readily accessible on an online service website if the location is:
               (1)  a landing or home web page or screen;
               (2)  an "about" or "about us" web page or screen;
               (3)  a "contact" or "contact us" web page or screen;
               (4)  an informational web page or screen; or
               (5)  another place on the website or online service
  commonly used to display information identifying the owner or
  operator of the website or online service.
         (c)  Subsection (a) applies regardless of whether another
  person has previously electronically disseminated the same
  recording or audiovisual work.
  SUBCHAPTER C. ENFORCEMENT
         Sec. 642.101.  DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF.  
  (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 against a person who
  violates or threatens to violate this chapter to obtain:
               (1)  a declaratory judgment; and
               (2)  permanent or temporary injunctive relief.
         (b)  Before filing an action under this section, the
  aggrieved party must provide notice to the person alleged to be in
  violation of this chapter that states:
               (1)  the person may be in violation of this chapter; and
               (2)  that failure to cure the violation before the 14th
  day after the date of receiving the notice may result in an action
  being filed against the person under this section.
         (c)  After the 14th day after the date the aggrieved party
  provides notice under Subsection (b), the aggrieved party may bring
  an action under this section in a court of competent jurisdiction.
         (d)  Upon motion of the party instituting the action, the
  court may make appropriate orders to compel compliance with this
  chapter.
         (e)  The prevailing party is entitled to recover necessary
  expenses incurred in an action under this section, including
  reasonable attorney's fees.
         Sec. 642.102.  DECEPTIVE TRADE PRACTICE; REMEDIES. (a) A
  violation of this chapter is a false, misleading, or deceptive act
  or practice as defined by Section 17.46(b).
         (b)  The relief provided under this subchapter for a
  violation of this chapter is in addition to any remedy provided
  under other federal or state law, including Subchapter E, Chapter
  17.
         SECTION 2.  This Act takes effect January 1, 2022.
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