Tex. Prop. Code § 26.013 · Chapter 26. USE OF A DECEASED INDIVIDUAL'S NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR LIKENESS
LIABILITY FOR UNAUTHORIZED USE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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:
(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;
(2) the amount of any profits from the unauthorized use that are attributable to that use;
(3) the amount of any exemplary damages that may be awarded; and
(4) reasonable attorney's fees and expenses and court costs incurred in recovering the damages and profits established by this section.
(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.
Notes and commentary — not statutory text
History
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.26.htm
- Text hash
- sha256 157ca1b9d7b66598708641976b7694e1e57d302b8f0bda2ec3fed600ecb34e64
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.