| 1 | 1 | | By: Hunter H.B. No. 3836 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the electronic dissemination of commercial recordings |
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| 7 | 7 | | or audiovisual works. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Title 14, Business & Commerce Code, is amended by |
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| 10 | 10 | | adding Chapter 642 to read as follows: |
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| 11 | 11 | | CHAPTER 642. ELECTRONIC DISSEMINATION OF COMMERCIAL RECORDINGS OR |
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| 12 | 12 | | AUDIOVISUAL WORKS |
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| 13 | 13 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 14 | 14 | | Sec. 642.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Electronic dissemination" means initiating a |
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| 16 | 16 | | transmission of, making available, or otherwise offering a |
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| 17 | 17 | | recording or audiovisual work for distribution, display, or |
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| 18 | 18 | | performance through the Internet or other digital network. |
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| 19 | 19 | | (2) "Recording or audiovisual work" means a recording |
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| 20 | 20 | | or audiovisual work that consists of substantially all of the |
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| 21 | 21 | | recording or work. The term does not include a recording or |
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| 22 | 22 | | audiovisual work that is only a short extract from the recording or |
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| 23 | 23 | | work. |
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| 24 | 24 | | (3) "Website" means a set of related web pages served |
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| 25 | 25 | | from a single web domain. The term does not include a home page or |
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| 26 | 26 | | channel page for the user account of a person who is not the owner or |
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| 27 | 27 | | operator of the website on which the user home page or channel page |
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| 28 | 28 | | appears. |
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| 29 | 29 | | Sec. 642.002. APPLICABILITY. This chapter does not impose |
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| 30 | 30 | | liability on providers of an interactive computer service, |
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| 31 | 31 | | communications service, commercial mobile service, or information |
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| 32 | 32 | | service, including, but not limited to, an Internet access service |
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| 33 | 33 | | provider, advertising network or exchange, domain name |
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| 34 | 34 | | registration provider, and a hosting service provider, if they |
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| 35 | 35 | | provide the transmission, storage, or caching of electronic |
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| 36 | 36 | | communications or messages of others or provide another related |
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| 37 | 37 | | telecommunications service, commercial mobile radio service, or |
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| 38 | 38 | | information service, for use of such services by another person in |
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| 39 | 39 | | violation of this section. |
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| 40 | 40 | | Sec. 642.003. COMMERCIAL RECORDING OR AUDIOVISUAL WORK. |
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| 41 | 41 | | For purposes of this chapter, a recording or audiovisual work is |
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| 42 | 42 | | considered to be a commercial recording or audiovisual work if the |
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| 43 | 43 | | owner, assignee, authorized agent, or licensee of the recording or |
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| 44 | 44 | | work disseminates or intends to disseminate the recording or work |
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| 45 | 45 | | for sale, rental, or performance or exhibition to the public, |
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| 46 | 46 | | including under license, regardless of whether the person who |
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| 47 | 47 | | disseminates the recording or work seeks commercial advantage or |
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| 48 | 48 | | private financial gain from the dissemination. |
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| 49 | 49 | | SUBCHAPTER B. REQUIRED DISCLOSURES |
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| 50 | 50 | | Sec. 642.051. DISCLOSURE OF CERTAIN INFORMATION REQUIRED. |
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| 51 | 51 | | (a) An owner or operator of a website or online service that deals |
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| 52 | 52 | | in substantial part in the electronic dissemination of third-party |
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| 53 | 53 | | commercial recordings or audiovisual works, directly or |
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| 54 | 54 | | indirectly, and that electronically disseminates those recordings |
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| 55 | 55 | | or works to consumers in this state shall clearly and conspicuously |
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| 56 | 56 | | disclose on the website or online service in a location that is |
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| 57 | 57 | | readily accessible to a consumer using or visiting the website or |
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| 58 | 58 | | online service, the owner or operator's true and correct: |
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| 59 | 59 | | (1) name; |
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| 60 | 60 | | (2) physical address; |
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| 61 | 61 | | (3) telephone number; and |
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| 62 | 62 | | (4) e-mail address. |
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| 63 | 63 | | (b) For purposes of this section, a location is considered |
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| 64 | 64 | | readily accessible on an online service website if the location is: |
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| 65 | 65 | | (1) a landing or home web page or screen; |
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| 66 | 66 | | (2) an "about" or "about us" web page or screen; |
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| 67 | 67 | | (3) a "contact" or "contact us" web page or screen; |
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| 68 | 68 | | (4) an informational web page or screen; or |
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| 69 | 69 | | (5) another place on the website or online service |
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| 70 | 70 | | commonly used to display information identifying the owner or |
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| 71 | 71 | | operator of the website or online service. |
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| 72 | 72 | | (c) Subsection (a) applies regardless of whether another |
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| 73 | 73 | | person has previously electronically disseminated the same |
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| 74 | 74 | | recording or audiovisual work. |
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| 75 | 75 | | SUBCHAPTER C. ENFORCEMENT |
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| 76 | 76 | | Sec. 642.101. DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF. |
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| 77 | 77 | | (a) An owner, assignee, authorized agent, or exclusive licensee of |
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| 78 | 78 | | a commercial recording or audiovisual work electronically |
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| 79 | 79 | | disseminated by a website or online service in violation of this |
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| 80 | 80 | | chapter may bring a private cause of action against a person who |
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| 81 | 81 | | violates or threatens to violate this chapter to obtain: |
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| 82 | 82 | | (1) a declaratory judgment; and |
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| 83 | 83 | | (2) permanent or temporary injunctive relief. |
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| 84 | 84 | | (b) Before filing an action under this section, the |
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| 85 | 85 | | aggrieved party must provide notice to the person alleged to be in |
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| 86 | 86 | | violation of this chapter that states: |
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| 87 | 87 | | (1) the person may be in violation of this chapter; and |
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| 88 | 88 | | (2) that failure to cure the violation before the 14th |
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| 89 | 89 | | day after the date of receiving the notice may result in an action |
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| 90 | 90 | | being filed against the person under this section. |
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| 91 | 91 | | (c) After the 14th day after the date the aggrieved party |
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| 92 | 92 | | provides notice under Subsection (b), the aggrieved party may bring |
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| 93 | 93 | | an action under this section in a court of competent jurisdiction. |
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| 94 | 94 | | (d) Upon motion of the party instituting the action, the |
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| 95 | 95 | | court may make appropriate orders to compel compliance with this |
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| 96 | 96 | | chapter. |
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| 97 | 97 | | (e) The prevailing party is entitled to recover necessary |
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| 98 | 98 | | expenses incurred in an action under this section, including |
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| 99 | 99 | | reasonable attorney's fees. |
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| 100 | 100 | | Sec. 642.102. DECEPTIVE TRADE PRACTICE; REMEDIES. (a) A |
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| 101 | 101 | | violation of this chapter is a false, misleading, or deceptive act |
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| 102 | 102 | | or practice as defined by Section 17.46(b). |
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| 103 | 103 | | (b) The relief provided under this subchapter for a |
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| 104 | 104 | | violation of this chapter is in addition to any remedy provided |
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| 105 | 105 | | under other federal or state law, including Subchapter E, Chapter |
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| 106 | 106 | | 17. |
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| 107 | 107 | | SECTION 2. This Act takes effect January 1, 2022. |
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