Sec. 651.002. APPLICABILITY. This chapter applies only to an individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) who: (1) is a resident of this state; or (2) was a resident of this state on the date the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) died.

(1)–(2) 1 Sec. 651.053. UNAUTHORIZED USE OF DIGITAL REPLICADigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1). Except as provided by Section 651.054 and subject to Section 651.104, a person may not: (1) produce a digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) without the written consent of the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9); or (2) publish, reproduce, display, distribute, transmit, or otherwise make available to the public a digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) without the written consent of the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9).

(a)(1)–(5) Sec. 651.054. PERMITTED USES. (a) Except as provided by Subsection (b), a person may use a digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) without the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9)'s consent if the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) is: (1) produced or used in a bona fide news, public affairs, or sports broadcast or account, provided that the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) is the subject of, or is materially relevant to, the subject of the broadcast or account; (2) a representation of the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) in a documentary, biographical, or historical manner, including some degree of fictionalization, unless: (A) the productionProduction"Production" means the creation of a digital replica.Bus. & Com. Code § 651.001(8) or use of that digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) creates the false impression that the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) is an authentic sound recording, image, transmission, or audiovisual work in which the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) participated; or (B) the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) is embodied in a musical sound recording that is synchronized to accompany a motion picture or other audiovisual work, except to the extent that the use of that digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) is protected by the First Amendment to the United States Constitution; (3) produced or used consistent with the public interest in bona fide commentary, criticism, scholarship, satire, or parody; (4) used in a fleeting or negligible manner; or (5) used in an advertisement or commercial announcement for a purpose described by Subdivisions (1) through (4) and the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) is relevant to the subject of the advertisement or announcement.

(b) Subsection (a) does not apply to a digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) used to depict sexual conduct, as defined by Section 21.16, Penal Code.

2 Sec. 651.055. AUTHORITY TO LICENSE DIGITAL REPLICATION RIGHTDigital replication right"Digital replication right" means the right established under Subchapter B.Bus. & Com. Code § 651.001(2). Except as provided by Section 651.056 or 651.057, an individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) may, during the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4)'s lifetime, license the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4)'s digital replication rightDigital replication right"Digital replication right" means the right established under Subchapter B.Bus. & Com. Code § 651.001(2). A license under this section is valid only: (1) to the extent the duration of the license does not extend beyond the 10th anniversary of the date the license agreement is entered into; and (2) if the license agreement: (A) is in writing and signed by the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) or an authorized representative of the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4); and (B) includes a reasonably specific description of the intended uses of the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1).

3 Sec. 651.056. AUTHORITY TO LICENSE DIGITAL REPLICATION RIGHTS OF CERTAIN MINORSMinor"Minor" means a person younger than 18 years of age who: (A) has never been married; and (B) has not had the disabilities of minority removed for general purposes.Bus. & Com. Code § 651.001(5). Except as provided by Section 651.057, a license of the digital replication rights of a minorMinor"Minor" means a person younger than 18 years of age who: (A) has never been married; and (B) has not had the disabilities of minority removed for general purposes.Bus. & Com. Code § 651.001(5) is valid only: (1) to the extent the duration of the license does not extend beyond the earlier of: (A) the fifth anniversary of the date the license agreement is entered into; or (B) the minorMinor"Minor" means a person younger than 18 years of age who: (A) has never been married; and (B) has not had the disabilities of minority removed for general purposes.Bus. & Com. Code § 651.001(5)'s 18th birthday; (2) if the license agreement: (A) is in writing and signed by the minorMinor"Minor" means a person younger than 18 years of age who: (A) has never been married; and (B) has not had the disabilities of minority removed for general purposes.Bus. & Com. Code § 651.001(5)'s parents or legal guardians; and (B) includes a reasonably specific description of the intended uses of the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1); and (3) if the agreement is approved by a court in accordance with Subchapter B, Chapter 1356, Estates Code.

Sec. 651.057. COLLECTIVE BARGAINING AGREEMENTS. Sections 651.055 and 651.056 do not apply if the license is governed by a collective bargaining agreement that addresses digital replicasDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1).

Sec. 651.051. DIGITAL REPLICATION RIGHTSDigital replication right"Digital replication right" means the right established under Subchapter B.Bus. & Com. Code § 651.001(2); PROPERTY RIGHT ESTABLISHED. An individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) or other right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) has the right to authorize the use of the voice or visual likeness of the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) in a digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1). The right is: (1) a property right; (2) licensable, wholly or partly, exclusively or nonexclusively, by the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9), subject to the terms of a contract, including a licensing agreement, or testamentary instrument conveying digital replication rightsDigital replication right"Digital replication right" means the right established under Subchapter B.Bus. & Com. Code § 651.001(2) to a right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9); and (3) not assignable during the life of the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4).

(a)–(e) Sec. 651.052. DIGITAL REPLICATION RIGHTSDigital replication right"Digital replication right" means the right established under Subchapter B.Bus. & Com. Code § 651.001(2) ON DEATH OF INDIVIDUALIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4). (a) A digital replication rightDigital replication right"Digital replication right" means the right established under Subchapter B.Bus. & Com. Code § 651.001(2) does not expire on the death of an individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4), regardless of whether the right is used commercially by the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) during the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4)'s lifetime. (b) Subject to Chapter 26, Property Code, and other applicable law, on the death of an individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4): (1) the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4)'s digital replication rightDigital replication right"Digital replication right" means the right established under Subchapter B.Bus. & Com. Code § 651.001(2) is transferable and licensable, wholly or partly, by the executors, heirs, assigns, licensees, or devisees of the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4); and (2) ownership of the right may be transferred, wholly or partly, by operation of law, will, or intestate succession. (c) A digital replication rightDigital replication right"Digital replication right" means the right established under Subchapter B.Bus. & Com. Code § 651.001(2) is exclusive to: (1) the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4), subject to the licensing of the right during the lifetime of the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4); and (2) the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9): (A) for a period of 10 years after the death of the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4); and (B) subject to Section 651.151, if the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) demonstrates active and authorized public use of the voice or visual likeness of the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) during the 2-year period preceding the expiration of the 10-year period described in Paragraph (A), for an additional 5-year period, subject to renewal for additional 5-year periods, only if the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) can demonstrate authorized public use of the voice or visual likeness of the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) during the 2-year period preceding the expiration of each additional 5-year period. (d) A digital replication rightDigital replication right"Digital replication right" means the right established under Subchapter B.Bus. & Com. Code § 651.001(2) terminates on the earlier of: (1) the date on which the 10-year period or 5-year period, as applicable, described by Subsection (c)(2) expires without renewal; or (2) the date that is 70 years after the death of the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4). (e) If a right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) died before September 1, 2025, the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9)'s digital replication rightsDigital replication right"Digital replication right" means the right established under Subchapter B.Bus. & Com. Code § 651.001(2) vest in the executors, heirs, assigns, or devisees of the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9).

Sec. 651.058. REQUIREMENTS FOR POSTMORTEM TRANSFER. A postmortem transfer or license of a digital replication rightDigital replication right"Digital replication right" means the right established under Subchapter B.Bus. & Com. Code § 651.001(2) is valid only if the testamentary instrument transferring the right or the license agreement is in writing and signed by the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) or an authorized representative of the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9).

Sec. 651.059. CONTINUED USE BY FORMER LICENSEE OF DIGITAL REPLICADigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1). Unless expressly prohibited by the license agreement, a digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) that is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission, and the use of which is authorized under the terms of a license agreement, may continue to be used in a manner consistent with the terms of that license after the expiration or termination of the license agreement.

(a) 4 Sec. 651.101. DESIGNATION OF ONLINE SERVICEOnline service"Online service" means: (A) any publicly accessible Internet website, online application, mobile application, or virtual reality environment, including a social media service, social media network, or online application store, that predominantly provides a community forum for user-generated content, including the sharing of videos, images, games, audio files, or other material; and (B) a digital music provider, as defined by 17 U.S.C. Section 115(e).Bus. & Com. Code § 651.001(6) AGENT FOR REPORTING CERTAIN VIOLATIONS; NOTIFICATIONS. (a) An online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7) shall designate an agent to receive notifications of violations of Section 651.053 that are alleged to have occurred on the online serviceOnline service"Online service" means: (A) any publicly accessible Internet website, online application, mobile application, or virtual reality environment, including a social media service, social media network, or online application store, that predominantly provides a community forum for user-generated content, including the sharing of videos, images, games, audio files, or other material; and (B) a digital music provider, as defined by 17 U.S.C. Section 115(e).Bus. & Com. Code § 651.001(6). The online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7) shall post in a conspicuous, publicly accessible location on the online serviceOnline service"Online service" means: (A) any publicly accessible Internet website, online application, mobile application, or virtual reality environment, including a social media service, social media network, or online application store, that predominantly provides a community forum for user-generated content, including the sharing of videos, images, games, audio files, or other material; and (B) a digital music provider, as defined by 17 U.S.C. Section 115(e).Bus. & Com. Code § 651.001(6) the name, address, telephone number, and e-mail address of the designated agent.

(b)(1)–(8) 4 A notification under Subsection (a) must: (1) be in writing; (2) be submitted by and include the physical or electronic signature of: (A) the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) or other eligible plaintiffEligible plaintiff"Eligible plaintiff" means a person authorized to bring an action under Section 651.201.Bus. & Com. Code § 651.001(3); or (B) a person authorized to act on behalf of the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) or other eligible plaintiffEligible plaintiff"Eligible plaintiff" means a person authorized to bring an action under Section 651.201.Bus. & Com. Code § 651.001(3); (3) identify the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) whose voice or visual likeness is being used in the alleged unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1); (4) identify the material containing the alleged unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1), including information sufficient to allow the online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7) to locate the replica; (5) include contact information reasonably sufficient to permit the online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7) to contact the notifying party, such as an address, telephone number, or e-mail address; (6) include a statement that the notifying person believes in good faith that the material is an unauthorized use of a digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1); (7) if the notifying party is not the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) or other eligible plaintiffEligible plaintiff"Eligible plaintiff" means a person authorized to bring an action under Section 651.201.Bus. & Com. Code § 651.001(3), include a statement that the notifying party has the authority to act on behalf of the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) or eligible plaintiffEligible plaintiff"Eligible plaintiff" means a person authorized to bring an action under Section 651.201.Bus. & Com. Code § 651.001(3), as applicable; and (8) for the purposes of Section 651.102, include information reasonably sufficient to: (A) identify the reference or link to the material or activity claimed to be an unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) that is to be removed or to which access is to be disabled; and (B) permit the online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7) to locate the reference or link described in Paragraph (A).

(1)–(2) 5 Sec. 651.102. REMOVAL OF DIGITAL REPLICADigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1). On receiving a notification under Section 651.101, the online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7) shall: (1) remove from or disable access to the material that is claimed to be an unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) on the online serviceOnline service"Online service" means: (A) any publicly accessible Internet website, online application, mobile application, or virtual reality environment, including a social media service, social media network, or online application store, that predominantly provides a community forum for user-generated content, including the sharing of videos, images, games, audio files, or other material; and (B) a digital music provider, as defined by 17 U.S.C. Section 115(e).Bus. & Com. Code § 651.001(6) as soon as is technically and practically feasible; and (2) if the online serviceOnline service"Online service" means: (A) any publicly accessible Internet website, online application, mobile application, or virtual reality environment, including a social media service, social media network, or online application store, that predominantly provides a community forum for user-generated content, including the sharing of videos, images, games, audio files, or other material; and (B) a digital music provider, as defined by 17 U.S.C. Section 115(e).Bus. & Com. Code § 651.001(6) hosts or otherwise stores third-party provided material on a system or network controlled or operated by or for the online serviceOnline service"Online service" means: (A) any publicly accessible Internet website, online application, mobile application, or virtual reality environment, including a social media service, social media network, or online application store, that predominantly provides a community forum for user-generated content, including the sharing of videos, images, games, audio files, or other material; and (B) a digital music provider, as defined by 17 U.S.C. Section 115(e).Bus. & Com. Code § 651.001(6): (A) remove or disable access to all instances of the material or an activity using the material that is claimed to be an unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) as soon as is technically and practically feasible for that online serviceOnline service"Online service" means: (A) any publicly accessible Internet website, online application, mobile application, or virtual reality environment, including a social media service, social media network, or online application store, that predominantly provides a community forum for user-generated content, including the sharing of videos, images, games, audio files, or other material; and (B) a digital music provider, as defined by 17 U.S.C. Section 115(e).Bus. & Com. Code § 651.001(6); and (B) take reasonable steps to promptly notify the third party that provided the material that the online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7) has removed or disabled access to the material.

(1)–(3) 6 Sec. 651.103. FALSE OR DECEPTIVE NOTICE PROHIBITED. A person may not submit a notice under Section 651.101 that falsely or deceptively states that: (1) the material requested to be removed is or embodies an unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1); (2) the person is authorized to submit the notice under Section 651.101(b)(2); or (3) use of the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) is not authorized by the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) or by other law.

(1)–(3) 7 Sec. 651.104. PRODUCTS AND SERVICES CAPABLE OF PRODUCING DIGITAL REPLICASDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1); EXCEPTIONS AND VIOLATIONS BY MANUFACTURERS AND DISTRIBUTORS. A person does not violate Section 651.053 by manufacturing, importing, offering to the public, providing, or otherwise distributing a product or service unless the product or service: (1) is primarily designed to produce one or more unauthorized digital replicasDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1); (2) has limited commercially significant purpose or use other than to produce an unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1); or (3) is marketed, advertised, or otherwise promoted for use in producing an unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) by: (A) that person; or (B) another: (i) acting in concert with that person; or (ii) with that person's knowledge.

(1)–(4) 8 Sec. 651.151. REGISTRATION OF POSTMORTEM RIGHTS. The renewal of a right described by Section 651.052(c)(2) is only effective if, before the two-year period described by that section, the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) files a notice with the secretary of state that contains: (1) the name of the deceased individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4); (2) a statement, under penalty of perjury, that the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) has engaged in active and authorized public use of the voice or visual likeness during the applicable two-year period; (3) the identity of and contact information for the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9); and (4) any other information the secretary of state deems necessary.

(a)–(c) Sec. 651.152. POSTMORTEM DIGITAL REPLICATION RIGHTSDigital replication right"Digital replication right" means the right established under Subchapter B.Bus. & Com. Code § 651.001(2) DIRECTORY. (a) The secretary of state shall maintain and make available to the public a directory of postmortem digital replication rightsDigital replication right"Digital replication right" means the right established under Subchapter B.Bus. & Com. Code § 651.001(2) registered under Section 651.151. (b) A right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) may voluntarily apply to the secretary of state for inclusion on the directory described by this section by filing a notice with the secretary of state that complies with the form, content, and filing procedures prescribed by rule by the secretary of state. (c) The secretary of state may impose a filing fee on a right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9) for inclusion in the directory described by this section in amounts necessary to cover the cost of administering the directory.

(1)–(5) Sec. 651.201. AUTHORITY TO BRING UNAUTHORIZED USE ACTION: ELIGIBLE PLAINTIFFEligible plaintiff"Eligible plaintiff" means a person authorized to bring an action under Section 651.201.Bus. & Com. Code § 651.001(3). An action under Section 651.202 or 651.203 may be brought only by: (1) a right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9); (2) if the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) who is the subject of a digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) is a minorMinor"Minor" means a person younger than 18 years of age who: (A) has never been married; and (B) has not had the disabilities of minority removed for general purposes.Bus. & Com. Code § 651.001(5), the parent or guardian of the individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4); (3) any other person that controls, including through a license, the right to authorize the use of the voice or visual likeness of the right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9); (4) any other person that owns or controls the right to authorize the use of the voice or visual likeness of a deceased individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4); or (5) in the case of a digital replica of an individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4) who is a sound recording artistSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Bus. & Com. Code § 651.001(10), any person that has, directly or indirectly, entered into: (A) a contract for the exclusive personal services of the sound recording artistSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Bus. & Com. Code § 651.001(10) as a sound recording artistSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Bus. & Com. Code § 651.001(10); or (B) an exclusive license to distribute or transmit one or more works that capture the audio performance of the sound recording artistSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Bus. & Com. Code § 651.001(10).

(1)–(2) Sec. 651.202. INJUNCTIVE RELIEF FOR UNAUTHORIZED USE. An eligible plaintiffEligible plaintiff"Eligible plaintiff" means a person authorized to bring an action under Section 651.201.Bus. & Com. Code § 651.001(3) may bring a private cause of action against a person who violates or threatens to violate this chapter to obtain: (1) injunctive relief; or (2) other equitable relief.

(a)–(h) Sec. 651.203. PRIVATE CAUSE OF ACTION FOR UNAUTHORIZED USE. (a) In this section, "knowingly" means having actual knowledge of or acting with deliberate ignorance of the prohibition involved. (b) An eligible plaintiffEligible plaintiff"Eligible plaintiff" means a person authorized to bring an action under Section 651.201.Bus. & Com. Code § 651.001(3) may bring a cause of action against another person who knowingly violates Section 651.053. (c) For purposes of Subsection (a), a person may be presumed to have acted knowingly if the person: (1) is an online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7) that received a notification under Section 651.101 and failed to remove or disable access to the material under Section 651.102; or (2) wilfully avoided having knowledge that: (A) the applicable material is a digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1); and (B) the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) was not authorized by a right holderRight holder"Right holder" means: (A) the individual whose voice or visual likeness is simulated or otherwise copied in or as a digital replica; and (B) if applicable, any other person other than the individual described by Paragraph (A) that acquires, through a license, inheritance, or otherwise, the right to authorize the use of the individual's voice or visual likeness in a digital replica.Bus. & Com. Code § 651.001(9). (d) A person must bring a cause of action under this section not later than the third anniversary after the date on which the person discovered, or with due diligence should have discovered, the violation. (e) It is not a defense in a cause of action brought under this section that the person alleged to have violated Section 651.053 displayed or otherwise communicated to the public a disclaimer stating that the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) was unauthorized or disclosing that the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) was generated through the use of artificial intelligence or other technology. (f) In a cause of action brought under this section, a person that violates Section 651.053 is liable to the aggrieved person for: (1) subject to Subsection (g), the greater of: (A) statutory damages in the amount of: (i) $5,000 per work embodying the unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1), if the violator is an individualIndividual"Individual" means a natural or deceased person.Bus. & Com. Code § 651.001(4); (ii) $5,000 per violation, if the violator is an online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7); and (iii) $25,000 per work embodying the unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1), if the violator is an entity other than an online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7); or (B) the sum of actual damages and profits attributable to the unauthorized use of the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1); and (2) if a wilful violation is proven under which the violator is found to have acted with malice, fraud, knowledge, or wilful avoidance of knowledge that the conduct violated the law, punitive damages. (g) An online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7) that has an objectively reasonable belief that material claimed to be an unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) does not qualify as a digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1) may not be liable for statutory or actual damages exceeding $1 million regardless of whether the material is ultimately determined to be an unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1). (h) The remedies available under this section and Section 26.013, Property Code, for a violation arising out of the same conduct are mutually exclusive.

(1)–(2) Sec. 651.204. ATTORNEY'S FEES. If the prevailing party is: (1) the party bringing the action, the court shall award reasonable attorney's fees; or (2) the party defending the action, the court shall award reasonable attorney's fees if the court determines that the action was not brought in good faith.

(a)–(b) Sec. 651.205. PRIVATE CAUSE OF ACTION FOR SUBMISSION OF CERTAIN FALSE OR DECEPTIVE NOTICE. (a) Except as provided by Subsection (b), a person who violates Section 651.103 is liable to the online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7), a third party described by Section 651.102, or another person aggrieved by the violation for an amount equal to the greater of: (1) $5,000; or (2) actual damages and court costs and reasonable attorney's fees, including actual damages arising out of an online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7)'s reliance on the notice in removing or disabling access to the material or activity claimed to be an unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) in which the individual did not actually perform or appear; or (ii) that is a version of a sound recording, image, or audiovisual work in which the individual did perform or appear, but in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Bus. & Com. Code § 651.001(1). (b) If a third party described by Section 651.102 files an action under this section, the online service providerOnline service provider"Online service provider" means the owner of an online service.Bus. & Com. Code § 651.001(7) may, provided the action is filed not later than the 14th day after the date a third party receives notice under Section 651.102(2)(B), restore the removed material to the online serviceOnline service"Online service" means: (A) any publicly accessible Internet website, online application, mobile application, or virtual reality environment, including a social media service, social media network, or online application store, that predominantly provides a community forum for user-generated content, including the sharing of videos, images, games, audio files, or other material; and (B) a digital music provider, as defined by 17 U.S.C. Section 115(e).Bus. & Com. Code § 651.001(6) without incurring monetary liability to either the notifying party or the third party.