Texas House Bill HB3836

Texas 2021 - 87th Regular

Caption

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

Impact

The impact of HB 3836 on state laws involves augmenting existing protections for copyright owners of digital media. It establishes legal avenues for aggrieved parties impacted by unauthorized dissemination of their works, allowing them to seek declaratory judgments and injunctive relief against violators. Importantly, the bill also exempts certain service providers from liability, thereby protecting businesses that facilitate the dissemination of content from burdensome regulatory pressures, so long as they are not directly violating the law themselves.

Summary

House Bill 3836 is aimed at regulating the electronic dissemination of commercial recordings and audiovisual works within the state of Texas. This bill introduces a framework that mandates website operators and online service providers to disclose specific contact information, ensuring transparency when disseminating third-party commercial content. The legislation defines electronic dissemination as any transmission of audiovisual works over the internet and sets out the necessary disclosures operators need to make available to consumers to comply with these regulations. The key components include the definition of commercial recordings, applicable parties, and the requirement for clear disclosures on websites and online services.

Contention

Notable points of contention regarding HB 3836 may center on the balance between protecting intellectual property and the potential chilling effect on small and emerging online service providers. Critics might argue that the requirements for disclosure and potential legal ramifications could create an unintended barrier to entry for new businesses in the digital marketplace. Supporters, however, posit that by enforcing transparency and accountability, the bill ultimately seeks to bolster the rights of content creators and encourage ethical practice in the dissemination of audiovisual works.