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Texas Laws | Property Code
PROPERTY CODE
TITLE 4. ACTIONS AND REMEDIES

(1) in connection with products, merchandise, or goods; or (2024)

(2) for the purpose of advertising, selling, or soliciting the purchase of products, merchandise, goods, or services. (2025)

Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987. (2026)

Sec. 26.012. PERMITTED USES. (2027)(Text)

(a) A person may use a deceased individual's name, voice, signature, photograph, or likeness in: (2028)

(1) a play, book, film, radio program, or television program; (2029)

(2) a magazine or newspaper article; (2030)

(3) material that is primarily of political or newsworthy value; (2031)

(4) single and original works of fine art; or (2032)

(5) an advertisement or commercial announcement concerning a use under this subsection. (2033)

(b) A media enterprise may use a deceased individual's name, voice, signature, photograph, or likeness in connection with the coverage of news, public affairs, a sporting event, or a political campaign without consent. Any use other than the above by a media enterprise of a deceased individual's name, voice, signature, photograph, or likeness shall require consent if the material constituting the use is integrally and directly connected with commercial sponsorship or paid advertising. No consent shall be required for the use of the deceased individual's name, voice, signature, photograph, or likeness by a media enterprise if the broadcast or article is not commercially sponsored or does not contain paid advertising. (2034)

(c) A person who is an owner or employee of a media enterprise, including a newspaper, magazine, radio station or network, television station or network, cable television system, billboard, or transit ad, that is used for advertising a deceased individual's name, voice, signature, photograph, or likeness in a manner not authorized by this section is not liable for damages as provided by this section unless the person: (2035)

(1) knew that the use was not authorized by this section; or (2036)

(2) used the deceased individual's name, voice, signature, photograph, or likeness in a manner primarily intended to advertise or promote the media enterprise itself. (2037)

(d) A person may use a deceased individual's name, voice, signature, photograph, or likeness in any manner after the 50th anniversary of the date of the individual's death. (2038)

Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987. (2039)

Sec. 26.013. LIABILITY FOR UNAUTHORIZED USE. (2040)(Text)

(a) A person who uses a deceased individual's name, voice, signature, photograph, or likeness in a manner not authorized by this chapter is liable to the person who owns the property right for: (2041)

(1) the amount of any damages sustained, as a result of the unauthorized use, by the person who owns the property right or $2,500, whichever is greater; (2042)

(2) the amount of any profits from the unauthorized use that are attributable to that use; (2043)

(3) the amount of any exemplary damages that may be awarded; and (2044)

(4) reasonable attorney's fees and expenses and court costs incurred in recovering the damages and profits established by this section. (2045)

(b) The amount of profits under Subsection (a)(2) may be established by a showing of the gross revenue attributable to the unauthorized use minus any expenses that the person who committed the unauthorized use may prove. (2046)

Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987. (2047)

Sec. 26.014. OTHER RIGHTS NOT AFFECTED. (2048)(Text)

This chapter does not affect a right an individual may have in the use of the individual's name, voice, signature, photograph, or likeness before the death of the individual. (2049)

Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987. (2050)

Sec. 26.015. DEFENSES TO LIABILITY. (2051)(Text)

A person shall not be liable for damages under this chapter if he has acted in reliance on the results of a probate proceeding governing the estate of the deceased personality in question. (2052)

Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987. (2053)

CHAPTER 27. RESIDENTIAL CONSTRUCTION LIABILITY (2054)(Text)

Sec. 27.001. DEFINITIONS. (2055)(Text)

In this chapter: (2056)

(1) "Action" means a court or judicial proceeding or an arbitration. (2057)

(2) "Appurtenance" means any structure or recreational facility that is appurtenant to a residence but is not a part of the dwelling unit. (2058)

(3) "Commission" means the Texas Residential Construction Commission. (2059)

(4) "Construction defect" has the meaning assigned by Section 401.004 for an action to which Subtitle D, Title 16, applies and for any other action means a matter concerning the design, construction, or repair of a new residence, of an alteration of or repair or addition to an existing residence, or of an appurtenance to a residence, on which a person has a complaint against a contractor. The term may include any physical damage to the residence, any appurtenance, or the real property on which the residence and appurtenance are affixed proximately caused by a construction defect. (2060)

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