Texas Property Code Title 4, Chapter 26 - Use Of A Deceased Individual's Name, Voice, Signature, Photograph, Or Likeness

• Texas Section 26.001 - Definitions
  In this chapter: (1) "Photograph" means a photograph or photographic reproduction, still or moving, videotape, or live television transmission of an individual in a manner...
• Texas Section 26.002 - Property Right Established
  An individual has a property right in the use of the individual's name, voice, signature, photograph, or likeness after the death of the individual. Added...
• Texas Section 26.003 - Applicability
  This chapter applies to an individual: (1) alive on or after September 1, 1987, or who died before September 1, 1987, but on or after...
• Texas Section 26.004 - Transferability
  (a) The property right is freely transferable, in whole or in part, by contract or by means of trust or testamentary documents. (b) The property...
• Texas Section 26.005 - Ownership After Death Of Individual
  (a) If the ownership of the property right of an individual has not been transferred at or before the death of the individual, the property...
• Texas Section 26.006 - Registration Of Claim
  (a) A person who claims to own a property right may register that claim with the secretary of state. (b) The secretary of state shall...
• Texas Section 26.007 - Effect Of Registration
  (a) Registration of a claim is prima facie evidence of a valid claim to a property right. (b) A registered claim is superior to a...
• Texas Section 26.008 - Exercise Of Ownership For First Year Following Death Of Individual
  (a) Except as provided by Subsection (b), for the first year following the death of the individual a property right may be exercised, if authorized...
• Texas Section 26.009 - Exercise Of Ownership After First Year Following Death Of Individual
  After the first year following the death of the individual, an owner of a property right may exercise that right whether or not the owner...
• Texas Section 26.010 - Termination
  A property right expires on the first anniversary of the date of death of the individual if: (1) the individual has not transferred the right;...
• Texas Section 26.011 - Unauthorized Uses
  Except as provided by Section 26.012, a person may not use, without the written consent of a person who may exercise the property right, a...
• Texas Section 26.012 - Permitted Uses
  (a) A person may use a deceased individual's name, voice, signature, photograph, or likeness in: (1) a play, book, film, radio program, or television program;...
• Texas Section 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...
• Texas Section 26.014 - Other Rights Not Affected
  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...
• Texas Section 26.015 - Defenses To Liability
  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...

Last modified: September 28, 2016