To: The Texas State House, The Texas State Senate, and Governor Greg Abbott
Pass Texas House Bill 4201, Stop Mugshot Websites from profiting off of arrest photos
We are asking the Texas Legislature to take up and move forward H.B.no.4201. The State of Texas should amend and or supplement Property Code CHAPTER 26. USE OF A DECEASED INDIVIDUAL’S NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR LIKENESS by prohibit the unauthorized use of an individual's right to publicity for commercial purposes and stop the reproduction of arrest booking photographs of both living and deceased individuals. Furthermore; to prohibit charging a fee for removal of arrest booking photographs from a publication or website by requiring law enforcement agencies to copyright or watermark certain photographs; to authorize copyrighting of public records; to provide for the right of publicity in an individual's persona; to provide for definitions; to prohibit the use of an individual's persona for commercial purposes without authorization; to provide for applicability; to provide for consent and transfer of an individual's rights; to provide for a civil action; to provide for damages; to provide for exceptions; to provide for criminal penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
https://capitol.texas.gov/tlodocs/85R/billtext/html/HB04201I.htm
https://capitol.texas.gov/tlodocs/85R/billtext/html/HB04201I.htm
Why is this important?
While the State of Texas does protect the deceased it does not does not provide a statutory basis for right of publicity claims. On the 10th of March 2017, Representative Mary Ann Perez and Representative Gary W. Elkins proposed legislation that addressed the right of publicity. On the 3rd of April 2017 it was read for the first and was subsequently forwarded to the Business and Industry committee.
Websites are publishing arrest booking photograph and charging fees for their removal. These website's siphon information from the sheriff's department databases under the Freedom of Information Act. Many of these victims are not guilty of any crime and are vindicated through the court system only to find that their record and mug shot is posted on the Internet causing irreparable damage and suffering resulting in making it difficult if not impossible to find employment.
I was arrested and charged with a litany of felonies; all of which were not true, and all of which were immediately dismissed by the district attorney. I have over 20+ years, an undergraduate degree, a master’s degree, and a successful career that had progressively moved forward. I have been looking at a job but cannot find one. Despite paying over $1500 and providing the case resolution information to a number of these sites, my mug shot and information is still found on the web, and remains at the head of any internet search of my name. I am not alone; 808,634 individuals were arrested in the State of Texas in 2016 (http://www.dps.texas.gov/crimereports/16/citCh9.pdf)
It is imperative that the State of Texas legislature take HB 4201 from the
85(R) 2017 session out of committee and pass this bill, protecting the citizens of this state from having their reputations ruined by extortionists website operators hiding be hind the Freedom of Information act.
references:
https://capitol.texas.gov/billlookup/text.aspx?LegSess=81R&Bill=HB4201
http://rightofpublicity.com/statutes/texas
http://rightofpublicity.com/
Florida : http://www.scribd.com/doc/58921958/An-Investigation-Of-arrests-org#download
Texas : http://www.fwweekly.com/2011/11/09/an-ugly-business/
Ohio : http://www.toledoblade.com/Courts/2012/12/05/Web-sites-profiting-from-mug-shots-sued-fees-charged-to-remove-online-images.html
California : http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1555&context=chtlj
http://www.citmedialaw.org/legal-guide/north-carolina-right-publicity-law
http://www.newyorkpersonalinjuryattorneyblog.com/category/kyle-prall
http://www.citmedialaw.org/blog/2011/mugshot-racket-paying-keep-public-records-less-public
http://www.fwweekly.com/2011/11/09/an-ugly-business/
https://corporate.findlaw.com/litigation-disputes/right-of-publicity.html
https://www.americanbar.org/content/dam/aba/administrative/litigation/materials/2015_intellectual_property_lit/materials/the_right_of_publicity_article_rosenthal.authcheckdam.pdf
Websites are publishing arrest booking photograph and charging fees for their removal. These website's siphon information from the sheriff's department databases under the Freedom of Information Act. Many of these victims are not guilty of any crime and are vindicated through the court system only to find that their record and mug shot is posted on the Internet causing irreparable damage and suffering resulting in making it difficult if not impossible to find employment.
I was arrested and charged with a litany of felonies; all of which were not true, and all of which were immediately dismissed by the district attorney. I have over 20+ years, an undergraduate degree, a master’s degree, and a successful career that had progressively moved forward. I have been looking at a job but cannot find one. Despite paying over $1500 and providing the case resolution information to a number of these sites, my mug shot and information is still found on the web, and remains at the head of any internet search of my name. I am not alone; 808,634 individuals were arrested in the State of Texas in 2016 (http://www.dps.texas.gov/crimereports/16/citCh9.pdf)
It is imperative that the State of Texas legislature take HB 4201 from the
85(R) 2017 session out of committee and pass this bill, protecting the citizens of this state from having their reputations ruined by extortionists website operators hiding be hind the Freedom of Information act.
references:
https://capitol.texas.gov/billlookup/text.aspx?LegSess=81R&Bill=HB4201
http://rightofpublicity.com/statutes/texas
http://rightofpublicity.com/
Florida : http://www.scribd.com/doc/58921958/An-Investigation-Of-arrests-org#download
Texas : http://www.fwweekly.com/2011/11/09/an-ugly-business/
Ohio : http://www.toledoblade.com/Courts/2012/12/05/Web-sites-profiting-from-mug-shots-sued-fees-charged-to-remove-online-images.html
California : http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1555&context=chtlj
http://www.citmedialaw.org/legal-guide/north-carolina-right-publicity-law
http://www.newyorkpersonalinjuryattorneyblog.com/category/kyle-prall
http://www.citmedialaw.org/blog/2011/mugshot-racket-paying-keep-public-records-less-public
http://www.fwweekly.com/2011/11/09/an-ugly-business/
https://corporate.findlaw.com/litigation-disputes/right-of-publicity.html
https://www.americanbar.org/content/dam/aba/administrative/litigation/materials/2015_intellectual_property_lit/materials/the_right_of_publicity_article_rosenthal.authcheckdam.pdf