Texas Property Code 26.013 – Liability for Unauthorized Use
(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.
Terms Used In Texas Property Code 26.013
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011