What is the law concerning the ownership and management of digital assets?
In Texas, the law concerning the ownership and management of digital assets is governed by Chapter 423 of the Texas Property Code. This chapter states that any person with a valid email address can create an “electronic record” or “digital asset” that is owned by and digitally registered under the owner’s name. This digital asset can be anything from a website domain, to a digital photograph, to a piece of software. The law protects the digital assets by legally recognizing its owner and allowing them to manage who may access the asset. It also protects the asset from unauthorized use and distribution. Additionally, the law requires that the owner of the digital asset remain notified of who has access to the asset. This gives the owner the right to revoke access and, if desired, pass ownership of the asset onto someone else. Texas law also states that the owner of a digital asset has the right to sue for damages in the event the asset is misappropriated. In the event of a breach in security of the asset, the owner may be eligible to receive statutory damages, regardless of the actual value of the asset. In summary, Texas law provides protections for digital assets in the form of legal recognition, management, notification, pass-ability, and the ability to sue for damages. By utilizing these protections, the owner of a digital asset can ensure their asset remains protected and securely managed.
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