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 |
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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. |