Business & Commerce Code § 642.101

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. Added by Acts 2021, 87th Leg., R.S., Ch. 943 (S.B. 855), Sec. 1, eff. January 1, 2022.