By: Hughes S.B. No. 855
(In the Senate - Filed February 26, 2021; March 11, 2021,
read first time and referred to Committee on State Affairs;
April 9, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 9, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 855 By: Nelson
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 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. 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.
Sec. 642.003. NO LIABILITY FOR CERTAIN PROVIDERS. This
chapter does not impose liability on providers of an interactive
computer service, communications service, commercial mobile
service, or information service, including an Internet access
service provider, an advertising network or exchange, a domain name
registration provider, and a hosting service provider, if the
providers provide the transmission, storage, or caching of
electronic communications or messages of others or provide another
related telecommunications service, a commercial mobile radio
service, or an information service, for use by another person that
violates this chapter.
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 a website or online service 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) On motion of the party initiating 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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